Law on hyperlinking clarified by High Court –

Posted November 7th, 2019 in copyright, EC law, intellectual property, internet, news by tracey

‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’

Full Story, 6th November 2019


Joint authorship does not require writing contribution –

Posted October 29th, 2019 in copyright, joint ventures, news, retrials by tracey

‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’

Full Story, 29th October 2019


Brands can claim exclusive rights to a colour –

Posted October 28th, 2019 in copyright, intellectual property, medicines, news by tracey

‘A recent ruling shows that businesses require strong evidence from customer surveys or expert witnesses to demonstrate the link between a colour and their brand to prevent rivals using the same colour to market their products, an expert in intellectual property law has said.’

Full Story, 25th October 2019


BAILII and the re-use of judgments as public legal information – Transparency Project

Posted October 1st, 2019 in confidentiality, copyright, internet, judgments, news, privacy by sally

‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’

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Transparency Project, 1st October 2019


Judge reprimands solicitors for “imbeclic request” comment – Litigation Futures

‘A judge has criticised solicitors in a copyright infringement claim for describing a disclosure request made by the opposing side as “imbecilic”.’

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Litigation Futures, 20th May 2019


What do major copyright changes mean for internet freedom? – The Guardian

Posted March 27th, 2019 in copyright, EC law, freedom of expression, internet, news by sally

‘The European parliament approved the largest, and most contentious, overhaul of copyright legislation in two decades on Monday. When the directive comes into effect, it will be the biggest change to internet regulation since General Data Protection Regulation (GDPR).’

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The Guardian, 26th March 2019


Digital Freedom: Are Your Rights At Risk? – Rights Info

Posted March 15th, 2019 in bills, copyright, data protection, EC law, human rights, internet, news, privacy by sally

‘As propaganda, ‘fake news’ and other forms of disinformation become increasingly common from governments, individuals and powerful organisations across the world, it’s become harder than ever for the average person to discern facts from fiction.’

Full Story

Rights Info, 14th March 2019


Will a new EU copyright law change the face of the internet? – Technology Law Update

Posted February 18th, 2019 in copyright, EC law, internet, news by sally

‘The controversy around Europe’s new copyright directive has been high profile and intense. On one side are authors, musicians and writers, and those that publish and monetise their work. (It is not often that Sir Paul McCartney writes an open letter to MEPs on a piece of planned legislation.) On the other side of the argument is the free internet lobby, both large tech and individual internet users. Google has explained its perspective in similarly strong terms.’

Full Story

Technology Law Update, 15th February 2019


What is Article 13? The EU’s copyright directive explained – BBC News

Posted February 15th, 2019 in artistic works, copyright, EC law, internet, news by sally

‘The final version of a controversial new EU copyright law has been agreed after three days of talks in France.’

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BBC News, 14th February 2019


Reformation Publishing Company v CruiseCo Limited (and another) – Blackstone Chambers

Posted November 2nd, 2018 in copyright, damages, licensing, news by sally

‘The Intellectual Property Enterprise Court (Nugee J) has handed down judgment in a claim for damages for infringement of the copyright in two songs by Spandau Ballet. The judgment clarifies two important principles which will be relevant to similar damages claims.’

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Blackstone Chambers, 1st November 2018


Money can’t buy me love: Court of Appeal overturns non-party costs order – Litigation Futures

Posted September 10th, 2018 in company directors, copyright, costs, insolvency, news by tracey

‘A High Court judge was wrong to order a non-party costs order (NPCO) where the respondent had not been warned that the applicant was going to seek one, the Court of Appeal has ruled.’

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Litigation Futures, 10th September 2018


Copyright ruling challenges internet practices on posting photos –

Posted August 10th, 2018 in copyright, internet, news, photography by sally

‘Website operators cannot lift copyrighted media lawfully posted elsewhere on the internet without first obtaining the rights holder’s permission to publish the image themselves, the EU’s highest court has ruled.’

Full Story, 8th August 2018


Help! Somebody has stolen my client list – Henderson Chambers

Posted August 9th, 2018 in confidentiality, copyright, database right, fiduciary duty, news, pleadings by sally

‘Companies can invest significant sums in the creation and maintenance of their client lists. Unsurprising, their client lists are often closely guarded. But what if protections fail? Under the Copyright and Rights in Databases Regulations 1997, firms can bring actions against those that access and download their client list (for instance, a former employee). The wronged party can demand the return or destruction of the confidential information, an injunction to prevent its use and damages for any losses.’

Full Story

Henderson Chambers, July 2018


EU: Brexit ‘no deal’ will hit copyright and database owners –

Posted April 4th, 2018 in brexit, copyright, database right, domicile, EC law, news by sally

‘UK businesses will lose any database rights they enjoy across the EU at the point of Brexit as it stands, the European Commission has said.’

Full Story

OUT-LAW, 3rd April 2018


Who is it that doesn’t like Mondays? – UK Human Rights Blog

Posted March 19th, 2018 in artistic works, copyright, expert witnesses, intellectual property, news by sally

‘Music nerds may remember with fondness the great copyright wrangle involving Procol Harum and Bach. The focus of that dispute was the organ line in the 1967 hit Whiter Shade of Pale, and Blackburne J’s judgment is imperative reading for anyone interested in the law’s dominion over music, ideas or intellectual property in general. Go to the end of this post for a reminder of that entertaining litigation and its outcome.’

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UK Human Rights Blog, 18th March 2018


Copyright-protected works will not be subject to new EU rules on ‘geo-blocking’ –

Posted December 6th, 2017 in copyright, EC law, internet, legislative drafting, news by sally

‘Online service providers in the EU will not face new obligations to make their copyrighted content available to customers to access when they are visiting other EU countries after proposed new EU laws were watered down.’

Full Story, 4th December 2017


High Court: TV formats can be protected by copyright even if elements of the shows are spontaneous or changeable –

Posted October 27th, 2017 in confidentiality, copyright, documents, media, news, statutory interpretation by sally

‘Media companies that create TV game or quiz shows can win copyright protection for the format of those programmes in certain circumstances, the High Court in London has ruled.’

Full Story, 26th October 2017


Copyright in Photographs – Pablo Star Media Ltd v Bowen – NIPC Law

‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’

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NIPC Law, 15th October 2017


Screening for protection in healthtech services – Technomed v Bluecrest – Technology Law Update

Posted October 12th, 2017 in copyright, database right, health, intellectual property, news by sally

‘A recent court decision on infringement of IP in an ECG screening service shows how components of the service qualify for different forms of protection. Reliance on less obvious IP rights can offer valuable cover for a business’s assets even in the absence of patent protection.’

Full Story

Technology Law Update, 11th September 2017


Database rights can subsist in PDFs, rules High Court –

‘A PDF version of a document can constitute a database and information contained in it can be protected by database rights, the High Court in London has ruled.’

Full Story, 8th September 2017