AI copyright regime steers away from requiring licences in all cases – OUT-LAW.com

Posted December 19th, 2024 in artificial intelligence, copyright, licensing, news by sally

‘Prohibiting AI developers from training their AI models with copyrighted content without a licence in all cases would likely harm the UK’s global competitiveness in AI development, the UK government has said.’

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OUT-LAW.com, 17th December 2024

Source: www.pinsentmasons.com

AGA appeal raises important UK copyright questions – OUT-LAW.com

Posted November 1st, 2024 in appeals, copyright, intellectual property, news, trade marks by tracey

‘Important questions of UK copyright law are set to be considered by the Court of Appeal in London next year in a case in which a dispute has arisen over intellectual property rights relating to AGA cookers.’

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Out-law.com, 31st October 2024

Source: www.pinsentmasons.com

‘Good news’ as copyright and AI stand-off to end within months – OUT-LAW.com

‘The UK government is planning to end uncertainty around the use of copyright content as artificial intelligence (AI) training data in what appears to be good news for AI companies and creative industry stakeholders.’

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OUT-LAW.com, 10th October 2024

Source: www.pinsentmasons.com

The Curious Case of Computer-Generated Works (CGW) in THJ Systems v Sheridan – City Law Forum

Posted April 17th, 2024 in appeals, computer programs, copyright, intellectual property, news by sally

‘In December 2023, the Court of Appeal decided THJ Systems v Sheridan [2023] EWCA Civ 1354 and in doing so, illustrated my point nicely. That case involved a software which generated visual ‘risk and pie charts’. A representative example appears below. Both Mr Mitchell (the software developer) and Mr Sheridan (the software user) claimed to own the resulting visual images under section 9(3). This argument appeared in both the re-re-re- amended particulars of the claim (para 38.2) and the re-re-amended defence (para 49). The approved list of issues for trial (question 25) also explicitly directed the courts to determine who the author of the works was under section 9(3). With that in mind, one might expect the judgments of the High Court and Court of Appeal to interpret and apply s9(3).’

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City Law Forum, 17th April 2024

Source: blogs.city.ac.uk

Blockchain as a database—proposal for a new test for the criterion of ‘independence’ in the legal definition of a database for the purposes of copyright and the sui generis right – Journal of Intellectual Property Law & Practice

Posted March 27th, 2024 in computer programs, copyright, intellectual property, news by sally

‘Technology’s exponential growth often outpaces that of the law. The persistence of outdated legal concepts that were not drafted with new technology in mind leads to legal uncertainty. This article focuses on one example of such a friction between old law and new technology, namely the eligibility of blockchain as a “database” for protection under the EU Database Directive, as implemented into UK copyright law. The most problematic requirement for blockchain as a candidate is that the material inside the database be “independent”. This can pose a significant hurdle for blockchain to succeed as the immutability of blockchain is ensured by the “linked-list” structure in between the blocks and the combinational hashing of data within the individual block. This article examines this issue and proposes a solution to this quandary: to divide the data recorded on a blockchain into “content” and “structure”, and confine the criterion of “independence” to the former. In reaching this solution, the author examines previous literature on the different types of data that can be found in databases, as well as how the concept of “independence” is understood by judges and academics. This article will be of practical significance for developers of non-open source blockchain applications who wish to protect their products as a database.’

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Journal of Intellectual Property Law & Practice, 22nd March 2024

Source: academic.oup.com

UK AI copyright code initiative abandoned – OUT-LAW.com

Posted February 8th, 2024 in artificial intelligence, codes of practice, copyright, news by tracey

‘The UK government has abandoned plans to broker an industry-led agreement on a new AI copyright code of practice, a voluntary framework the government hoped would strike a balance between AI developers’ desire to access quality data to train their AI models and content creators’ right to control – and commercialise – access to their copyrighted works’

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OUT-LAW.com, 7th February 2024

Source: www.pinsentmasons.com

The wind cries arguable case: Hendrix rights case against Sony will go to trial – Law Society’s Gazette

Posted January 31st, 2024 in artistic works, copyright, intellectual property, news, striking out by tracey

‘Atrial concerning the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer “Mitch” Mitchell, is to go ahead, a judge has ruled.’

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Law Society's Gazette, 30th January 2024

Source: www.lawgazette.co.uk

UK government AI report confirms decision on protection of copyright works – OUT-LAW.com

‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’

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OUT-LAW.com, 19th January 2024

Source: www.pinsentmasons.com

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’

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Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

Speech by Mr Justice Foxton: The Beatles and the Law – Courts and Tribunals Judiciary

Posted October 30th, 2023 in artistic works, contracts, copyright, damages, intellectual property, news by tracey

‘A Talk to the Liverpool Business and Property Courts Forum, The Brett Lecture Theatre, Yoko Ono Lennon Centre, University of Liverpool.’

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Courts and Tribunals Judiciary, 24th October 2023

Source: www.judiciary.uk

UK AI copyright code expected this autumn – OUT-LAW.com

‘A new code of practice aimed at balancing the rights of content creators with the desire of AI developers to train their systems using quality data is set to be finalised this autumn, Out-Law understands.’

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OUT-LAW.com, 31st August 2023

Source: www.pinsentmasons.com

Sports bodies have options for tackling illegal streaming, say experts – OUT-LAW.com

Posted June 6th, 2023 in copyright, electronic commerce, enforcement, internet, news, sentencing, sport by sally

‘Sports bodies and owners of broadcast rights for sports events should invest in monitoring for illegal streaming and consider the options they have for enforcing their rights against infringers in the context of their commercial objectives, according to experts in dispute resolution and brand protection in the sports sector.’

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OUT-LAW.com, 2nd June 2023

Source: www.pinsentmasons.com

Battle of the brands continues as Lidl seeks disclosure – Law Society’s Gazette

‘Tesco has undervalued the damage it did to the Lidl brand by its use of a blue and yellow logo to promote prices promotions, the High Court heard yesterday.’

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Law Society's Gazette, 23rd May 2023

Source: www.lawgazette.co.uk

Lidl wins high court case against Tesco over blue and yellow logo – The Guardian

Posted April 20th, 2023 in copyright, news, trade marks by sally

‘Tesco may have to stop using a blue and yellow logo to promote its Clubcard loyalty scheme after the high court found it had copied a design by Lidl.’

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The Guardian, 19th April 2023

Source: www.theguardian.com

Kanye West song ‘Power’ at centre of London High Court royalties dispute – The Independent

Posted January 6th, 2023 in artistic works, copyright, intellectual property, news by tracey

‘A judge has outlined detail of the dispute between Declan Colgan Music Ltd and UMG Recordings, Inc in a ruling on a preliminary legal issue.’

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The Independent, 5th January 2023

Source: www.independent.co.uk

Pseudonymous claimant debarred from proceedings – Law Society’s Gazette

Posted November 28th, 2022 in anonymity, civil procedure rules, copyright, costs, cryptocurrencies, internet, news by tracey

‘The operator and publisher of a website is not entitled to participate in court proceedings under the pseudonym “Cøbra” – even with legal representation, the High Court has ruled. In Wright v Persons Unknown, Costs Judge Rowley agreed to bar “Cøbra” from costs proceedings arising from a copyright case unless it identifies itself and provides an address.’

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Law Society's Gazette, 25th November 2022

Source: www.lawgazette.co.uk

UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by tracey

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

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OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

Descendant of Doctor Zhivago author loses copyright court case – The Guardian

Posted October 26th, 2022 in artistic works, copyright, intellectual property, news by sally

‘A descendant of the Doctor Zhivago author, Boris Pasternak, has lost a claim for copyright infringement against the writer of a novel about the publication of the Russian epic.’

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The Guardian, 25th October 2022

Source: www.theguardian.com

The UK Intellectual Property Office’s Consultation on Computer-Generated Works – City Law Forum

‘The UK Copyright, Designs and Patents Act 1988 contains an odd section concerning ‘computer-generated works’. Section 9(2) of the Act states that when a work has no ‘human author’ and is generated by a computer, the work ought to be protected by copyright for 50 years, with the copyright owned by the person who made the necessary ‘arrangements’ for the work’s generation.’

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City Law Forum, 29th June 2022

Source: blogs.city.ac.uk

Bonnet de douche, Rodney! Del Boy becomes a literary work in court ruling – The Guardian

Posted June 9th, 2022 in artistic works, copyright, intellectual property, news by sally

‘Derek “Del Boy” Trotter, the aspirational market trader in the TV sitcom Only Fools and Horses, would probably raise a proud lovely jubbly toast to his newly acquired status of “literary work” following a high court copyright ruling he would hail as cushty.’

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The Guardian, 8th June 2022

Source: www.theguardian.com