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.’

Full Story

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


Database Rights and Copyright: Technomed v Bluecrest Health Screening – NIPC Law

‘This was an action for infringement of database right and copyright in an electrocardiogram (“ECG”) analysis and reporting system known as ECG Cloud.’

Full Story

NIPC Law, 2nd September 2017


Copyright: Primary Infringement – Communicating a Work to the Public – NIPC Law

‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’

Full Story

NIPC Law, 28th July 2017


Digital pirates – on a sinking ship? – Law Society’s Gazette

Posted July 19th, 2017 in copyright, EC law, international courts, internet, judgments, news, piracy by sally

‘On 14 June 2017, the Court of Justice of the European Union (CJEU) handed down its long-awaited judgment in Stichting Brein v Ziggo BV (C-610/15), concerning the activities of controversial file-sharing platform The Pirate Bay (TPB).’

Full Story

Law Society's Gazette, 17th July 2017


Music and Entertainment Law: Music Contracts – Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd and Others – NIPC Law

Posted June 29th, 2017 in artistic works, contracts, copyright, intellectual property, news by sally

‘This case, which came before His Honour Judge Hacon on 23 Feb 2017, shows how copyright comes into being, how it is assigned and how much care should be taken when drawing up agreements for its assignment, particularly when settling disputes over ownership.’

Full Story

NIPC Law, 28th June 2017


The Sun threatens legal action over alleged MailOnline copyright breach – The Guardian

Posted April 26th, 2017 in copyright, media, news by sally

‘The Sun has accused MailOnline of stealing exclusive content and threatened legal proceedings in a sign of the escalating battle for digital news revenues.’

Full story

The Guardian, 25th April 2017


Government defends 10-year sentence plan for copyright infringers – Law Society’s Gazette

Posted March 10th, 2017 in copyright, deportation, news, sentencing by sally

‘The Intellectual Property Office (IPO) has hit back at a campaign against new government measures to increase the sentence for online copyright infringement to 10 years.’

Full story

Law Society’s Gazette, 6th March 2017


All you need are costs: “real party” must pay in dispute over Beatles documentary – Litigation Futures

Posted March 7th, 2017 in copyright, costs, intellectual property, media, news by tracey

‘A venture capitalist was the “real party” in a dispute between two companies over a documentary based on the Beatles’ first concert in the USA, a High Court judge has held.’

Full story

Litigation Futures, 7th March 2017


Unlicensed online retransmissions of TV shows within ‘the area of initial broadcast’ constitutes copyright infringement, rules EU court –

Posted March 2nd, 2017 in bills, copyright, EC law, intellectual property, media, news by sally

‘Retransmitting TV programmes online within “the area of initial broadcast” is an act of copyright infringement under EU law, if carried out without the permission of the TV broadcasters, the EU’s highest court has ruled.’

Full story, 1st March 2017


Search engines and rights holders finalise new code to address online copyright infringement –

Posted February 22nd, 2017 in codes of practice, computer programs, copyright, internet, news by sally

‘Google and Microsoft, together with representatives from the UK creative industries, have agreed on a new voluntary code to address online copyright infringement.’

Full story, 22nd February 2017


Ground-breaking code of practice to tackle pirate websites – Technology Law Update

Posted February 22nd, 2017 in codes of practice, computer crime, copyright, internet, news, piracy by sally

‘A ground-breaking new initiative targeting online piracy brings together the creative industries and leading search engines under a voluntary code of practice to tackle copyright infringing sites. The deal, brokered by the UK Intellectual Property Office, with the support of Ofcom and the Department for Culture, Media and Sport, will involve collaborative work to demote search results that link to illegal sites. There will be ongoing technical consultation and information sharing to improve the process and adapt to change.’

Full story

Technology Law Update, 21st February 2017


Search engines and rights holders near deal on code to combat online copyright infringement –

Posted February 15th, 2017 in computer programs, copyright, internet, news by sally

‘Search engines and creative industry representatives are close to finalising a new voluntary code of practice aimed to combating online copyright infringement, a UK peer has said’

Full story, 10th February 2017


Consumers caught out as EU furnishes the UK with crippling copyright laws – The Guardian

Posted November 21st, 2016 in copyright, EC law, news by sally

‘The replica designer furniture market has become a huge industry, but a rushed change to the law has plunged it into chaos.’

Full story

The Guardian, 21st November 2016


Great British Bake Off an example of the legal challenges in protecting TV formats, say experts –

Posted October 11th, 2016 in copyright, intellectual property, media, news, trade marks by sally

‘The recent sale of rights to broadcast The Great British Bake Off has highlighted the legal challenges facing broadcasters keen to protect their rights and interests in TV formats.’

Full story, 10th October 2016


A provider of free Wi-Fi can be ordered to impose controls to stop copyright infringement – Technology Law Update

Posted October 10th, 2016 in copyright, EC law, internet, news by sally

‘A case brought by Sony Music over illegal music downloads using a free WiFi service has led to a surprisingly restrictive conclusion from the EU court. The court ruled that a Berlin business-owner Tobias McFadden, who provided an unprotected free Wi-Fi network to the public,

– is not responsible for copyright infringement by a user of the WiFi, but
– can be required to take steps to control misuse of the service and ordered to pay associated costs.’

Full story

Technology Law Update, 7th October 2016


The dark art of copyright: trademark battles from Specsavers to Facebook – The Guardian

Posted August 22nd, 2016 in copyright, intellectual property, news, patents, trade marks by sally

‘Swimmer Ryan Lochte probably isn’t bothering anyone by trademarking ‘Jeah’, his bizarre victory scream – but can Specsavers really patent ‘should’ve’, or can Facebook own ‘face’ and ‘book’? The world of trademark law is murky indeed.’

Full story

The Guardian, 20th August 2016