Copyright: Minder Records and Another v Sharples – NIPC Law

Posted June 23rd, 2015 in artistic works, copyright, intellectual property, news by tracey

‘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.’

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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.’

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UK Human Rights Blog, 20th June 0215

Source: www.ukhumanrightsblog.com

Dispelling myths about EU law – OUP Blog

Posted June 17th, 2015 in copyright, EC law, intellectual property, news, patents by sally

‘What are the most common myths surrounding the laws of the European Union? We asked two experts, Phil Syrpis and Catherine Seville, to describe and combat some misconceptions. From the Maastricht Treaty to intellectual property law, here are some of the topics they addressed.’

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OUP Blog, 17th June 2015

Source: www.blog.oup.com

Fall lyrics ‘hard to hear’, says judge in copyright case – The Guardian

Posted June 4th, 2015 in artistic works, copyright, intellectual property, news by sally

‘A judge ruling on a copyright dispute about rock band the Fall’s lyrics has admitted that the words were “hard to hear” due to frontman Mark E Smith’s vocal style.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Senior judge says the UK needs a new Copyright Act – OUT-LAW.com

Posted April 30th, 2015 in copyright, EC law, intellectual property, internet, judges, legislation, news, speeches by sally

‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’

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OUT-LAW.com, 29th April 2015

Source: www.out-law.com

Copyright rules do not provide freedom to retransmit TV programmes online, says UK government – OUT-LAW.com

Posted April 15th, 2015 in copyright, internet, news, video recordings by sally

‘UK copyright laws do not provide online content providers with freedom to retransmit TV programmes shown by UK public service broadcasters (PSBs) to fixed-line internet users who could otherwise watch the programmes on TV, the UK government has said.’

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OUT-LAW.com, 10th April 2015

Source: www.out-law.com

Jeremy Phillips talks to Law Vox – OUP Law Vox

Posted March 25th, 2015 in copyright, human rights, intellectual property, news, patents by sally

‘George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.

Jeremy Phillips – Intellectual Property Consultant, Olswang, London; Professorial Fellow at the Queen Mary Intellectual Property Research Institute. Editor of Journal of Intellectual Property Law & Practice
An Honorary Research Fellow of the Intellectual Property Institute and Professorial Fellow, Queen Mary Intellectual Property Research Institute, Professor Phillips has held positions in several leading academic institutions. He is the founder editor of the Journal of Intellectual Property Law & Practice and is also blogmeister of the IPKat and other weblogs.

In this podcast Jeremy outlines the field of IP law and how it was seen at the start of his intellectual property law career. Jeremy discusses how intellectual property evolved and grew to encompass many different features. He talks about how intellectual property interacts with the commercial world, including copyright in books and patents in pharmaceuticals, and how intellectual property law works in tandem with human rights law, and he also describes how the practical application of intellectual property works, and how human behaviour influences this.’

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OUP Law Vox, 22nd March 2015

Source: www.soundcloud.com/oupacademic

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Juncker’s Utopia: a virtual Europe without borders – RPC IP Hub

Posted March 13th, 2015 in copyright, EC law, electronic commerce, internet, news by sally

‘It is 2015 and the relentless appetite for consumption of content has never been greater. Consumers demand access to content that is immediate and available anytime anywhere in Europe without restriction. Binge viewing is the new norm. The desire for a virtual Europe without borders is palpable. But how does all this sit with Europe’s copyright laws? ‘

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RPC IP Hub, 6th March 2015

Source: www.rpc.co.uk

Music dominates High Court copyright disputes – Law Society’s Gazette

Posted February 18th, 2015 in copyright, licensed premises, licensing, media, news, sport by sally

‘Pubs playing music and showing football matches without permission are the most frequent subject of copyright cases in the High Court, research by City firm RPC has revealed.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

Is linking to illegally uploaded content allowed? – Technology Law Update

Posted February 2nd, 2015 in copyright, EC law, internet, news by sally

‘We all becoming experts in the manipulation and sharing of electronic text and images. Sharing, linking and embedding material is ever easier using a range of different devices. So what does copyright law have to say about this?’

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Technology Law Update, 30th January 2015

Source: www.technology-law-blog.co.uk

Copyright owners free to choose where to bring web infringement claims but restrictions placed on damages – OUT-LAW.com

Posted January 29th, 2015 in copyright, damages, EC law, foreign jurisdictions, internet, news by sally

‘A ruling by the EU’s highest court could mean that businesses have to take multiple cases across Europe if they want to claim damages for copyright infringement, an expert has said.’

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OUT-LAW.com, 27th January 2015

Source: www.out-law.com

What is the definition of “design” in s.213 (2) of the Copyright, Designs and Patents Act 1988 following the deletion of “any aspect of” from the sub-section – NIPC Law

Posted December 15th, 2014 in copyright, damages, intellectual property, interpretation, news by tracey

‘In DKH Retail Ltd v H. Young (Operations) Ltd the claimant, which claimed design rights and unregistered Community design in relation to the front portion and hood of a range of gilets sold under the product name Academy under the Superdry brand sued the defendant for importing and selling a range of Glaisdale gilets under the Animal brand. The defendant raised the usual defences on subsistence, ownership and infringement.’

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NIPC Law, 13th December 2014

Source: www.nipclaw.blogspot.co.uk

Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd – NIPC Law

Posted December 11th, 2014 in Community designs, copyright, EC law, intellectual property, news by sally

‘In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd. [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one.’

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NIPC Law, 11th December 2014

Source: www.nipclaw.blogspot.co.uk

Music bodies launch legal challenge against new UK private copying rules – OUT-LAW.com

Posted November 28th, 2014 in artistic works, compensation, copyright, EC law, judicial review, licensing, news by sally

‘A number of UK music industry bodies have launched a legal challenge against newly introduced UK rules that enable consumers to make private copies of lawfully acquired copyrighted material without be held as copyright infringers.’

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OUT-LAW.com, 27th November 2014

Source: www.out-law.com

IPO explains how government will resolve complaints about rights holder technical restrictions on lawful copying – OUT-LAW.com

Posted November 6th, 2014 in complaints, copyright, education, intellectual property, news, universities by sally

‘Universities, research bodies and other organisations that want to benefit from “an eligible copyright exception” but are prevented from doing so because the works they wish to copy are subject to technological protection measures (TPMs) can now raise a complaint with the UK government.’

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OUT-LAW.com, 5th November 2014

Source: www.out-law.com

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

Source: www.nipclaw.blogspot.co.uk

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

Source: www.nipclaw.blogspot.co.uk

IPO launches new ‘orphan works’ licensing system – OUT-LAW.com

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).’

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OUT-LAW.com, 31st October 2014

Source: www.out-law.com

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

Source: www.nipclaw.blogspot.co.uk

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

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 Out-Law.com.’

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OUT-LAW.com, 7th October 2014

Source: www.out-law.com