Man behind Birdie Song wins court battle over West End show tunes – Daily Telegraph
‘Henry Hadaway could be awarded more than £300,000 after High Court ruling.’
Daily Telegraph, 26th November 2015
Source: www.telegraph.co.uk
Category: artistic works
The Koh-i-Noor diamond affair shows ‘returning’ relics is never simple – The Guardian
‘No one wants to open the floodgates by establishing a principle that everything plundered must be repatriated. But one court case could do just that.’
The Guardian, 11th November 2015
Source: www.guardian.co.uk
Art and ingenuity – New Square Chambers
‘Banksy has been described as a pseudonymous graffiti artist, political activist, film director, and painter. In The Creative Foundation v Dreamland Leisure Ltd & Others [2015] EWHC 2556 (Ch) Mr Justice Arnold had to decide the ownership of a mural known as “Art Buff” attributed to Banksy and spray-painted overnight in September 2014 onto an external flank wall of an amusement arcade (”the building”) in Folkestone owned by Stonefield Estates Ltd (“Stonefield”). The ingenuous arguments advanced on behalf Dreamland in support of its claim to be the owner of the mural are arguably at least as imaginative as the mural. The judgment addresses a novel point.’
New Square Chambers, 30th September 2015
Source: www.newsquarechambers.co.uk
Unhappy returns of the day for copyright claim – Law Society’s Gazette
‘A California judge’s ruling that Warner/Chappell can no longer collect royalties for Happy Birthday may not apply in England, says IP expert.’
Law Society’s Gazette, 23rd September 2015
Source: www.lawgazette.co.uk
The Creative Foundation v Dreamland Leisure Ltd and others – WLR Daily
‘Any part of demised premises which has been justifiably removed from the premises by a tenant in accordance with the tenant’s obligation to repair the premises, and which becomes a chattel having substantial value, vests in the landlord.’
WLR Daily, 11th September 2015
Source: www.iclr.co.uk
Ancient Greek relic looted from Libya to be returned – Daily Telegraph
‘Judge orders the 4ft marble statue smuggled into Britain in 2011 was “unlawfully excavated”.’
Daily Telegraph, 1st September 2015
Source: www.telegraph.co.uk
Age ratings enforced for UK-produced music videos on YouTube and Vevo – The Guardian
‘Clear age ratings will be displayed on UK-produced music videos on YouTube and Vevo, as the government seeks to protect children from inappropriate content online.’
The Guardian, 18th August 2015
Source: www.guardian.co.uk
Ingenious film investors lose human rights challenge over upfront tax – The Guardian
‘More than 150 wealthy investors in controversial film investment schemes, which HMRC says amount to tax avoidance, have lost a human rights challenge to new powers tax inspectors have been deploying to demand upfront payments.’
The Guardian, 31st July 2015
Source: www.guardian.co.uk
Judge refuses council permission to appeal decision on ownership of sculpture – Local Government Lawyer
‘A High Court judge has refused the London Borough of Bromley permission to appeal in its battle with the London Borough of Tower Hamlets over the ownership of a Henry Moore sculpture.’
Full story
Local Government Lawyer, 30th July 2015
Source: www.localgovernmentlawyer.co.uk
Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills – NIPC Law
‘On 16 July 2015 my heads of chambers, Tim Straker QC and Robert Griffiths QC together with my colleagues, Richard Clayton QC, Charles Morgan, Christopher Forsyth and Lee Parkhill presented our chambers annual judicial review conference. By all accounts it was a great success.’
NIPC Law, 20th July 2015
Source: www.nipclaw.blogspot.co.uk
Online pirates could face 10 years in jail – BBC News
‘Online pirates could face jail terms of up to 10 years under plans being considered by the government.’
BBC News, 18th July 2015
Source: www.bbc.co.uk
Ownership of Sculpture – Local Government Law
‘In Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) the Chancery Division of the High Court was asked to determine the ownership of a Henry Moore sculpture. Tower Hamlets LBC (“TH”) as the successor to the Stepney Borough Council (“SB”), pursuant to the London Government Act 1963 (“the 1963 Act”). Bromley LBC (“Br”) was the successor to the London Residuary Body (“the LRB”). The LRB was the successor to the Greater London Council (“the GLC”) pursuant to the Local Government Act 1985. The GLC was successor to the London County Council (“the LCC”) pursuant to the 1963 Act.’
Local Government Law, 13th July 2015
Fab four film remains ‘subject to contract’ – Technology Law Update
‘In commercial negotiations you may have used the words “subject to contract” or something similar. But what does this actually mean?’
Technology Law Update, 9th July 2015
Source: www.technology-law-blog.co.uk
The Ukulele Orchestra of Great Britain wins duel with German ‘copycat’ – The Independent
‘A legal duel between two ukulele orchestras competing over the right to their British-themed names has seen a German-backed group ordered by a court to change its name or stay out of the UK for fear of confusing fans.’
The Independent, 3rd July 2015
Source: www.independent.co.uk
Do you copy? UK’s new format-shifting exception found illegal – Technology Law Update
‘You buy a CD and makes a copy for use on a portable device, or for storage in a cloud service. That’s allowed isn’t it? Well, it wasn’t strictly legal in the UK until October 2014. That was when the UK introduced a new exception from copyright infringement for personal copies for an individual’s private use. Now the new exception has been found illegal in court and hangs in the balance while the courts and the UK government decide what happens next.’
Technology Law Update, 26th June 2015
Source: www.technology-law-blog.co.uk
Copyright: Minder Records and Another v Sharples – NIPC Law
‘S.10 (1) of the Copyright, Designs and Patents Act 1988 defines a work of joint authorship as “a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.” However, it was held by Hazel Williamson QC sitting as a judge of the High Court in Bamgboye v Reed [2002] EWHC 2922 (QB), [2002] EWHC 2922, [2004] EMLR 5 and implied by the Court of Appeal in Brooker and Another v Fischer [2008] Bus LR 1123, [2008] FSR 26, [2008] EWCA Civ 287, [2008] EMLR 13 that joint ownership is not necessarily the same as equal ownership.’
NIPC Law, 16th June 2015
Source: www.nipclaw.blogspot.co.uk
Copying material for private use: is it legal? – UK Human Rights Blog
‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin). An exception to copyright infringement for private use has failed to survive a challenge in the High Court. But this may not be the end of the story.’
UK Human Rights Blog, 20th June 0215
Source: www.ukhumanrightsblog.com
Britain to pass new law to protect Middle Eastern artefacts from Isil – Daily Telegraph
‘ Britain will pass a new law to commit Britain to protecting cultural artefacts during armed conflicts in the wake of the destruction wrought by the so-called Islamic State on ancient ruins in Iraq and Syria. John Whittingdale, the Culture secretary, said the destruction was a “shocking threat to the world’s heritage and an affront to our common human values”.
Daily Telegraph, 21st June 2015
Source: www.telegraph.co.uk
Centre cancels ‘illegal’ women-only screening of film by Jewish director – The Guardian
‘A Jewish community centre in north west London has cancelled plans to show the controversial Israeli drama Gift of Fire after admitting proposals to ban men from a screening were most likely illegal under UK equality laws.’
The Guardian, 15th June 2015
Source: www.guardian.co.uk
