England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another [2016] EWHC 575 (Ch)
‘The claimants owned the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the English cricket teams in England and Wales. The defendants operated a website and various mobile applications (“Apps”) which used screen capture technology to copy clips of broadcast footage of sporting events and uploaded those clips to the Apps. The defendants’ uploaded a considerable number of clips of broadcasts of cricket matches, lasting up to eight seconds, to the Apps where they could be viewed by users. Users could also upload clips, together with commentary, on to the website and the defendants’ social media accounts. The claimants brought a claim for damages, alleging uploading the clips prima facie constituted breaches of sections 16, 17 and/or 20 of the Copyright Designs and Patents Act 1988. The 1988 Act did not require either broadcasts or films to be original in order for copyright to subsist in them. An issue arose as to the applicable test for substantiality in circumstances where there was no intellectual creation. The question went to both infringement, which required an act such as reproduction or communication to the public of the whole, or any “substantial part” of a work, and also to the applicability of the fair dealing defence in section 30(2) of the 1988 Act, on which the defendants relied.’
WLR Daily, 18th April 2016
Source: www.iclr.co.uk
‘As a Scottish newspaper publishes details of a sex scandal, when does a legal fight to ensure privacy become a pointless exercise to restrict free speech?’
The Guardian, 11th April 2016
Source: www.guardian.co.uk
‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’
Law Society’s Gazette, 9th April 2016
Source: www.lawgazette.co.uk
‘The act of posting a link to a website that features “freely accessible” copyright infringing content should not itself be classed as an act of copyright infringement, an advisor to the EU’s highest court has said.’
OUT-LAW.com, 7th April 2016
Source: www.out-law.com
‘The jury in the trial of two girls convicted of murdering a vulnerable woman heard graphic evidence of how they tortured and beat her to death. But the crime sparked such abusive comments on Facebook that a judge feared the girls could not have a fair hearing. He scrapped the case and ordered a retrial for the following year – leading to a seven-month fight by the media to be allowed to report on it. This is what happened.’
BBC News, 7th April 2016
Source: www.bbc.co.uk
‘Model’s pose made her waist look very small, while her dark makeup made her face look gaunt, says ASA.’
The Guardian, 6th April 2016
Source: www.guardian.co.uk
‘A website and apps set up to enable the sharing of 8-second clips of broadcast cricket matches on a near-live basis has been found to infringe copyright.’
Technology Law Update, 4th April 2016
Source: www.technology-law-blog.co.uk
‘Police have accused a multiple murderer of “circumnavigating the formal process” of appeal by using the media and websites to fight his conviction.’
BBC News, 2nd April 2016
Source: www.bbc.co.uk
‘This is the opportunity to get to the heart of one of the biggest challenges for our generation, says inquiry chairman Lowell Goddard.’
The Guardian, 3rd April 2016
Source: www.guardian.co.uk
‘A 23-year-old man who sent an estimated 8,000 tweets from 42 different Twitter accounts supporting the Islamic State group has pleaded guilty to encouraging terrorism, a court has heard.’
BBC News, 31st March 2016
Source: www.bbc.co.uk
‘The recent decision of Arnold J. in (1) England & Wales Cricket Board Ltd, (2) Sky UK Ltd v (1) Tixdaq Ltd, (2) Fanatix Ltd [2016] EWHC 575 (Ch) is important not only for sports rights holders and broadcasters, but for all those involved and interested in the limits of copyright protection law in a fast moving world where developments in information technology constantly challenge the way we communicate and consume.’
Sports Law Bulletin from Blackstone Chambers, 31st March 2016
Source: www.sportslawbulletin.org
‘Influential advisory body the Civil Justice Council has urged a measured approach to the adoption of a new online court for civil cases.’
Law Society’s Gazette, 30th March 2016
Source: www.lawgazette.co.uk
‘Research by Thomson CompuMark has highlighted the effect of the changing social media landscape on trademark applications.’
Technology Law Update, 30th March 2016
Source: www.technology-law-blog.co.uk
‘Surprisingly, under the Data Protection Act companies have no obligation to tell customers there could be a problem.’
The Guardian, 30th March 2016
Source: www.guardian.co.uk
‘A proportion of very high frequency (VHF) wireless spectrum will be reserved for future use by Internet of Things (IoT) connected devices, the UK telecoms regulator has announced.’
OUT-LAW.com, 29th March 2016
Source: www.out-law.com
‘Four paedophiles have been convicted following sting operations by vigilantes who claim they trapped them on a Facebook page explicitly dedicated to young girls dating older men.’
The Guardian, 28th March 2016
Source: www.guardian.co.uk
‘A police chief’s suggestion that banks should consider no longer refunding some online fraud victims has been branded as “astonishingly misjudged” by a consumer group.’
BBC News, 24th March 2016
Source: www.bbc.co.uk
‘Minister for Internet Safety and Security, Baroness Joanna Shields, opened day 1 of the second International Crime and Policing Conference.’
Home Office, 22nd March 2016
Source: www.gov.uk/home-office
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