Inquiries as to Damages in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted November 5th, 2014 in copyright, damages, fees, inquiries, intellectual property, news by sally

‘I last discussed this litigation in Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd 4 May 2013. I set out the basic facts in my case note:

“This was an action for infringement of a performer’s rights which Judge Birss QC (as he then was) decided in Henderson v All Around the World Recordings Ltd and Another [2013] EWPCC 7 (13 Feb 2013)……. She had not been entirely successful and the costs of an unsuccessful copyright claim and half the costs of an application were awarded against her but she had succeeded overall.”‘

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NIPC Law, 5th November 2014


Orphan Works Licensing – NIPC Law

Posted November 3rd, 2014 in artistic works, copyright, EC law, intellectual property, licensing, news by sally

‘One of the consequences of extending the term of copyright in many types of copyright has been a massive increase in the number of works in which copyright subsists whose owners cannot be identified or found. Such works are known as “orphan works” and HM government claims that there are some 91 million of them in the UK alone. Because their owners cannot be traced orphan works cannot lawfully be reproduced even for preservation. Consequently, works recorded on such media as celluloid film and magnetic tape may be lost for ever. Much of that work is culturally important and some of it is of considerable scientific interest such as patient records in studies of malaria. In Digital Opportunity: A Review of Intellectual Property and Growth Professor Hargreaves described the problem of orphan works as “the starkest failure of the copyright framework to adapt.”‘

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NIPC Law, 3rd November 2014


IPO launches new ‘orphan works’ licensing system –

Posted November 3rd, 2014 in artistic works, copyright, EC law, intellectual property, licensing, news by sally

‘Businesses wishing to make use of copyrighted works that have no known rights holder can now obtain a licence allowing them to use the material without infringing UK copyright laws under a new licensing system launched by the Intellectual Property Office (IPO).’

Full story, 31st October 2014


Flos putting us all through the Mill – NIPC Law

Posted October 22nd, 2014 in copyright, EC law, intellectual property, Italy, news by sally

‘In 1962 Achille and Pier Giacomo Castiglioni designed a floor lamp with a marble base and a curved lead to a bowl shaped reflector. Those lamps, known as the Arco lamp and you can see a picture of one of those lamps in Achille Castiglioni’s studio in Quick History: The Arco Lamp in Apartment Therapy. Original Arco lamps retail for £1,373 but it is possible to buy a reproduction for a fraction of that price as the Prime Minister’s wife did recently (see “Samantha Cameron counts the cost of her repro lamp” 3 Oct 2011 The Guardian).’

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NIPC Law, 17th October 2014


Academic behind copyright law changes warns that rights holders could lose even more control of content by taking test cases to court –

Posted October 8th, 2014 in copyright, EC law, internet, news by sally

‘Rights holders could lose even more control over their content if they take cases to court to test new copyright exceptions, the academic whose proposals prompted the new laws has exclusively told’

Full story, 7th October 2014


Does UK copyright law have a sense of humour? – Daily Telegraph

Posted October 6th, 2014 in artistic works, copyright, EC law, interpretation, news by sally

‘Under a new exception to copyright law, anyone will be able to make a funny parody or mash-up from existing material. But do the courts have a sense of humour, asks Adam Rendle.’

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Daily Telegraph, 4th October 2014


UK legalises music, film and e-book back-ups – BBC News

Posted October 2nd, 2014 in artistic works, computer programs, copyright, intellectual property, news by tracey

‘A law has come into effect that permits UK citizens to make copies of CDs, MP3s, DVDs, Blu-rays and e-books. Consumers are allowed to keep the duplicates on local storage or in the cloud. While it is legal to make back-ups for personal use, it remains an offence to share the data with friends or family.’

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BBC News, 1st October 2014


How October 1 will change your life – Daily Telegraph

‘As a number of new laws come into effect this week, we take a look at how your life will be affected.’

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Daily Telegraph, 1st October 2014


Deckmyn and another v Vandersteen and others – WLR Daily

Posted September 9th, 2014 in copyright, EC law, intellectual property, law reports by sally

Deckmyn and another v Vandersteen and others (Case C-201/13; ECLI:EU:C:2014:2132; [2014] WLR (D) 385

‘The concept of “parody” within the meaning of article 5(3)(k) of Parliament and Council Directive 2001/29/EC was an autonomous concept of EU law and its essential characteristics were to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery. The concept was not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; and it should relate to the original work itself or mention the source of the parodied work. However, the application of the exception for parody, within the meaning of article 5(3)(k) of Directive had to strike a fair balance between the interests and rights of persons referred to in articles 2 and 3 of the Directive, and the freedom of expression of the user of a protected work who was relying on the exception for parody and it was for the national court to determine, in the light of all the circumstances of the case, whether the application of the exception for parody preserved a fair balance.’

WLR Daily, 3rd September 2014


The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 – NIPC Law

Posted September 8th, 2014 in bills, copyright, damages, intellectual property, news, patents, trade marks by sally

‘On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in “Reflections on the Intellectual Property Act 2014” 7 June 2014 4-5 IP Tech and discussed in detail in “How the Intellectual Property Act 2014 changes British Patent Law” 21 June 2014 JD Supra, “How the Intellectual Property Act 2014 changes British Registered Design Law” 19 June 2014 JD Supra and “How the Intellectual Property Act 2014 will change British Unregistered Design Right Law” 11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe, Minister for Intellectual Property, signed The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 which will bring many of the provisions of the Act into force.’

Full story

NIPC Law, 6th September 2014


New criminal offence for design rights infringement to take effect from October –

Posted September 8th, 2014 in copyright, criminal justice, intellectual property, news, trade marks by sally

‘Criminal penalties could be pursued against intentional copiers of either UK or Community registered designs that do not have rights holders’ permission for their actions from the beginning of next month.’

Full story, 5th September 2014


Taking a selfie inside the National Gallery – a copyright infringement? – Legal Week

Posted August 28th, 2014 in artistic works, copyright, defences, news, photography by sally

‘A few days ago a number of newspapers reported that, following similar moves by a number of other UK institutions, the National Gallery in London has changed its strict no-photos-(please) policy, “after staff realised they were fighting a losing battle against mobile phones”, The Telegraph explains.

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Legal Week, 27th August 2014


Man jailed for filming Fast And Furious in cinema – BBC News

Posted August 22nd, 2014 in copyright, film industry, news, sentencing by tracey

‘A man has been jailed for 33 months after recording Fast And Furious 6 from the back of a cinema in Walsall.’

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BBC News, 22nd August 2014


Who Owns the Copyright in my Website? – Zenith Chambers

Posted August 14th, 2014 in artistic works, copyright, intellectual property, internet, news by sally

‘“I have paid a developer handsomely for my company’s website so my company owns the Copyright? Right?” Well, not exactly.

The question itself is predicated on a totally incorrect assumption of legal principle of their being a single copyright pertaining to a single site. When considered carefully, a website may consist of a large number of separate elements including music (or jingles), text, photographs, the font of the characters making up the site, colours, style, “look and feel”, language, sequence in which the web pages appear, forms, drawings and designs, and not forgetting the domain name itself. Each and every-one of those features attracts its own copyright and a website might therefore be correctly regarded as a ‘bundle’ of different rights protected separately by copyright law. How does this work? Let us begin by considering any music appearing on the website.’

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Zenith Chambers, 12th August 2014


Copyright in the modern world: a load of monkey business? – Technology Law Update

‘The application of intellectual property law in our modern age is fraught with complexities. As societies and technologies develop, situations invariably arise that the drafters of legislation had perhaps not considered.’

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Technology Law Update, 8th August 2014


Wikipedia refuses to delete photo as ‘monkey owns it’ – Daily Telegraph

Posted August 6th, 2014 in animals, copyright, internet, news, photography by sally

‘Wikimedia, the organisation behind Wikipedia, has refused a photographer’s repeated requests to delete his most famous shot as it is jeopardising his livelihood – because a monkey pressed the shutter button and “owns the copyright”.’

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Daily Telegraph, 6th August 2014


Private copying exception plans face possible legal action following parliamentary sign off –

‘New rights to make private copies of copyrighted works, make free use of copyrighted material in works of parody and quote extracts from copyright protected books, audio and video content will be introduced into UK law from October.’

Full story, 30th July 2014


Digital Economy Act copyright regime shelved by UK government –

Posted July 24th, 2014 in copyright, enforcement, intellectual property, internet, news by sally

‘Work on a new online copyright enforcement regime under the Digital Economy Act (DEA) has been shelved now that rights holders and internet service providers (ISPs) have voluntarily agreed a framework for educating alleged infringers about the harm of piracy, the UK government has confirmed.’

Full story, 24th July 2014


Culture of the Public Domain – A Good Thing? – UCL

Posted July 1st, 2014 in copyright, intellectual property, internet, speeches by sally

‘Speakers: Professor Hugh Hansen, Fordham Law School.’


UCL, 25th June 2014


Newspaper Licensing Agency Ltd and others v Public Relations Consultants Association Ltd – WLR Daily

Posted June 11th, 2014 in copyright, internet, law reports, licensing by sally

Newspaper Licensing Agency Ltd and others v Public Relations Consultants Association Ltd (Case C‑360/13); ECLI:EU:C:2014:910; [2014] WLR (D) 244

‘Article 5 of Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society meant that the copies on a user’s computer screen and the copies in the Internet “cache” of that computer’s hard disk, made by an end-user in the course of viewing a website, satisfied the conditions that those copies had to be temporary, that they had to be transient or incidental in nature and that they had to constitute an integral and essential part of a technological process, as well as the conditions laid down in article 5(5) of that Directive, and that they could therefore be made without the authorisation of the copyright holders.’

WLR Daily, 5th June 2014