ITV Broadcasting Ltd and others v TVCatchup Ltd – WLR Daily

Posted March 11th, 2013 in competition, copyright, EC law, internet, law reports by sally

ITV Broadcasting Ltd and others v TVCatchup Ltd (Case C-607/11); [2013] WLR (D) 92

“The concept of ‘communication to the public’, within the meaning of article 3(1) of Parliament and Council Directive 2001/29/EC covered a re-transmission of the works included in a terrestrial television broadcast where the re-transmission was made by an organisation other than the original broadcaster, by means of an Internet stream made available to subscribers of that other organisation who could receive that re-transmission by logging on to its server, even though those subscribers were within the area of reception of that terrestrial television broadcast and could lawfully receive the broadcast on a television receiver. It was irrelevant that a re-transmission was funded by advertising and was therefore of a profit-making nature and was by an organisation which was acting in direct competition with the original broadcaster.”

WLR Daily, 7th March 2013

Source: www.iclr.co.uk

Unauthorised TV live streaming breaches copyright, rules European court – The Guardian

Posted March 7th, 2013 in copyright, EC law, internet, news by sally

“Websites that retransmit live TV over the internet without permission from broadcasters are in breach of copyright, Europe’s highest court has ruled in a judgment with wide ranging implications.”

Full story

The Guardian, 7th March 2013

Source: www.guardian.co.uk

EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily

EMI Records Ltd and others v British Sky Broadcasting Ltd and others [2013] EWHC 379 (Ch); [2013] WLR (D) 86

“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Court orders UK ISPs to block more piracy sites – BBC News

Posted February 28th, 2013 in artistic works, copyright, intellectual property, internet, news by sally

“The High Court has ordered the UK’s major internet service providers to block three websites offering links to pirated material.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

VLM Holdings Ltd v Ravensworth Digital Services Ltd – WLR Daily

Posted February 21st, 2013 in computer programs, copyright, law reports, licensing, subsidiary companies by sally

VLM Holdings Ltd v Ravensworth Digital Services Ltd [2013] EWHC 228 (Ch); [2013] WLR (D) 63

“Where the authority given by a head licensor to a sub-licensor was sufficiently wide in scope to allow the grant of a sub-licence which was capable of surviving termination of the head licence, the head licensor must be taken on normal agency principles as giving ultimate permission for the granting of the sub-licence.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Hyperlinking should not infringe copyright, say academics – OUT-LAW.com

Posted February 19th, 2013 in copyright, EC law, intellectual property, internet, news by sally

“Posting a link to copyrighted content should not be regarded as a communication of that work to the public, a group of leading academics has said.”

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OUT-LAW.com, 19th February 2013

Source: www.out-law.com

Insolvency of software sub-licensor did not end firm’s rights of use under that licence, rules High Court – OUT-LAW.com

Posted February 18th, 2013 in company law, copyright, insolvency, intellectual property, licensing, news by sally

“Businesses can retain the right to use copyrighted software under sub-licences awarded by head-licensees in circumstances where those head-licensees are subject of a termination or become insolvent, the High Court has said.”

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OUT-LAW.com, 15th February 2013

Source: www.out-law.com

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Proximity to fame, privacy and copyright ownership – 5RB

Posted February 7th, 2013 in copyright, human rights, media, news, privacy by sally

“Following the decision to restrain publication of semi-nude photos of Kate Winslet’s husband (Mr Rocknroll), Chloe Strong, barrister at 5RB Chambers, discusses the case and what it means for privacy disputes.”

Full story (PDF)

5RB, 24th January 2013

Source: www.5rb.com

Twentieth Century Fox Film Corpn and others v Harris and others – WLR Daily

Posted February 7th, 2013 in copyright, injunctions, law reports, media by sally

Twentieth Century Fox Film Corpn and others v Harris and others [2013] EWHC 159 (Ch); [2013] WLR (D) 42

“A copyright owner did not have a proprietary claim to money derived from infringement of the copyright.”

WLR Daily, February 2013

Source: www.iclr.co.uk

Hargreaves supportive of Government copyright reforms but questions limitations to private copying exception – OUT-LAW.com

Posted February 4th, 2013 in copyright, EC law, intellectual property, news by tracey

“The academic who led the most recent official review into the UK’s intellectual
property (IP) framework has questioned whether the Government’s plans to enable
individuals to make private copies of copyrighted material go far enough.”

Full story

OUT-LAW.com, 1st February 2013

Source: www.out-law.com

Computer programming languages should not be viewed as copyrightable, says High Court judge – OUT-LAW.com

Posted January 29th, 2013 in computer programs, copyright, news by sally

“Computer programming languages should not be viewed as being copyrightable, a High Court judge has said.”

Full story

OUT-LAW.com, 28th January 2013

Source: www.out-law.com

Media law trends in 2013: what’s on the horizon – The Guardian

Posted January 24th, 2013 in advertising, copyright, defamation, internet, media, news by sally

“From libel reform to ambush marketing, our experts highlight the key media law trends in 2013.”

Full story

The Guardian, 24th January 2013

Source: www.guardian.co.uk

Who owns the copyright on barristers’ advocacy? – UK Human Rights Blog

Posted January 22nd, 2013 in advocacy, barristers, copyright, news, publishing, trials by sally

“Following yesterday’s welcome announcement that the UK Supreme Court (UKSC) is uploading judgment summaries to YouTube, there has been some speculation as to whether the UKSC will take the next step in its embrace of digital technology and upload full hearings of trials. But could taking this step result in falling foul of the UK’s copyright law?”

Full story

UK Human Rights Blog, 22nd January 2013

Source: www.ukhumanrightsblog.com

Media organisations question Government’s legal basis for copyright reforms – OUT-LAW.com

Posted January 17th, 2013 in bills, copyright, judicial review, media, news by sally

“A number of major media organisations have threatened to launch a legal challenge to proposed new laws affecting the UK’s copyright framework.”

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OUT-LAW.com, 16th January 2013

Source: www.out-law.com

Proposed new teaching exception to copyright will be welcomed by universities, says sector body – OUT-LAW.com

Posted January 11th, 2013 in copyright, education, news, universities by tracey

“Universities will welcome Government plans to reform laws governing the copying of works for educational purposes, a representative body for the sector has said.”

Full story

OUT-LAW.com, 10th January 2013

Source: www.out-law.com

Government consults on extending producers and performers’ rights in sound recordings – OUT-LAW.com

Posted January 9th, 2013 in consultations, contracts, copyright, EC law, interpretation, news by sally

“The Government is consulting on new laws which would extend producers’ and performers’ rights in sound recordings from 50 to 70 years.”

Full story

OUT-LAW.com, 9th January 2013

Source: www.out-law.com

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) – WLR Daily

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) [2012] EWCA Civ 1740; [2012] WLR (D) 396

“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Football Association Premier League Ltd v QC Leisure and others – WLR Daily

Posted January 7th, 2013 in copyright, EC law, interpretation, law reports, sport, telecommunications by sally

Football Association Premier League Ltd v QC Leisure and others [2012] EWCA Civ 1708; [2012] WLR (D) 392

“Section 72(1)(c) of the Copyright, Designs and Patents Act 1988, as amended, which provided, inter alia, that the showing or playing in public of a broadcast to an audience who had not paid for admission to the place where the broadcast was to be seen or heard did not infringe any copyright in any film included in it, provided a defence to the act of communicating a film included in a broadcast to the public, which would otherwise be an act restricted by copyright under section 20 of the Act.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

Law relaxed on digital copying – BBC News

Posted December 21st, 2012 in copyright, internet, news by tracey

“Making digital copies of music, films and other copyrighted material for
personal use is to be made legal for the first time under government plans.”

Full story

BBC News, 20th December 2012

Source: www.bbc.co.uk