Category: copyright

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

Posted February 15th, 2021 in civil procedure rules, copyright, damages, data protection, media, news, privacy, public interest by sally

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

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Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

Meghan wins privacy case against Mail on Sunday – The Guardian

Posted February 12th, 2021 in copyright, damages, data protection, media, news, privacy, royal family by sally

‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB

Posted November 17th, 2020 in copyright, EC law, interpretation, news, trade marks by sally

‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’

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3PB, 3rd November 2020

Source: www.3pb.co.uk

Copyright – Performing Right Society Ltd v Qatar Airways Group QCS – NIPC Law

Posted July 21st, 2020 in airlines, case management, choice of forum, copyright, news, stay of proceedings by sally

‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’

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NIPC Law, 20th July 2020

Source: nipclaw.blogspot.com

Watership Down author’s estate wins back all rights to classic novel – The Guardian

Posted June 2nd, 2020 in contracts, copyright, damages, film industry, media, news by sally

‘In a case at London’s high court, Richard Adams’ estate won a longstanding claim against Martin Rosen, director of the 1978 animation.’

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The Guardian, 1st June 2020

Source: www.theguardian.com

Practice – Mail’s Strikeout Application – NIPC Law

Posted May 18th, 2020 in chambers articles, copyright, damages, data protection, media, news, privacy by sally

‘This was an application by the publisher of the Mail on Sunday and the Mail Online to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex and later the reply in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation. The complaint arises from the newspaper’s publication of a letter from the duchess to her father on 10 Feb 2019.’

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NIPC Law, 17th May 2020

Source: nipclaw.blogspot.com

Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case – BBC News

Posted May 4th, 2020 in copyright, damages, data protection, media, news, privacy, public interest, royal family, striking out by sally

‘The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Law on hyperlinking clarified by High Court – OUT-LAW.com

Posted November 7th, 2019 in copyright, EC law, intellectual property, internet, news by sally

‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’

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OUT-LAW.com, 6th November 2019

Source: www.pinsentmasons.com

Joint authorship does not require writing contribution – OUT-LAW.com

Posted October 29th, 2019 in copyright, joint ventures, news, retrials by sally

‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’

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OUT-LAW.com, 29th October 2019

Source: www.pinsentmasons.com

Brands can claim exclusive rights to a colour – OUT-LAW.com

Posted October 28th, 2019 in copyright, intellectual property, medicines, news by sally

‘A recent ruling shows that businesses require strong evidence from customer surveys or expert witnesses to demonstrate the link between a colour and their brand to prevent rivals using the same colour to market their products, an expert in intellectual property law has said.’

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OUT-LAW.com, 25th October 2019

Source: www.pinsentmasons.com

BAILII and the re-use of judgments as public legal information – Transparency Project

Posted October 1st, 2019 in confidentiality, copyright, internet, judgments, news, privacy by sally

‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’

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Transparency Project, 1st October 2019

Source: www.transparencyproject.org.uk

Judge reprimands solicitors for “imbeclic request” comment – Litigation Futures

Posted May 22nd, 2019 in copyright, disclosure, intellectual property, judges, news, professional conduct, solicitors by sally

‘A judge has criticised solicitors in a copyright infringement claim for describing a disclosure request made by the opposing side as “imbecilic”.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

What do major copyright changes mean for internet freedom? – The Guardian

Posted March 27th, 2019 in copyright, EC law, freedom of expression, internet, news by sally

‘The European parliament approved the largest, and most contentious, overhaul of copyright legislation in two decades on Monday. When the directive comes into effect, it will be the biggest change to internet regulation since General Data Protection Regulation (GDPR).’

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The Guardian, 26th March 2019

Source: www.theguardian.com

Digital Freedom: Are Your Rights At Risk? – Rights Info

Posted March 15th, 2019 in bills, copyright, data protection, EC law, human rights, internet, news, privacy by sally

‘As propaganda, ‘fake news’ and other forms of disinformation become increasingly common from governments, individuals and powerful organisations across the world, it’s become harder than ever for the average person to discern facts from fiction.’

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Rights Info, 14th March 2019

Source: rightsinfo.org

Will a new EU copyright law change the face of the internet? – Technology Law Update

Posted February 18th, 2019 in copyright, EC law, internet, news by sally

‘The controversy around Europe’s new copyright directive has been high profile and intense. On one side are authors, musicians and writers, and those that publish and monetise their work. (It is not often that Sir Paul McCartney writes an open letter to MEPs on a piece of planned legislation.) On the other side of the argument is the free internet lobby, both large tech and individual internet users. Google has explained its perspective in similarly strong terms.’

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Technology Law Update, 15th February 2019

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

What is Article 13? The EU’s copyright directive explained – BBC News

Posted February 15th, 2019 in artistic works, copyright, EC law, internet, news by sally

‘The final version of a controversial new EU copyright law has been agreed after three days of talks in France.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

Reformation Publishing Company v CruiseCo Limited (and another) – Blackstone Chambers

Posted November 2nd, 2018 in copyright, damages, licensing, news by sally

‘The Intellectual Property Enterprise Court (Nugee J) has handed down judgment in a claim for damages for infringement of the copyright in two songs by Spandau Ballet. The judgment clarifies two important principles which will be relevant to similar damages claims.’

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Blackstone Chambers, 1st November 2018

Source: www.blackstonechambers.com

Money can’t buy me love: Court of Appeal overturns non-party costs order – Litigation Futures

Posted September 10th, 2018 in company directors, copyright, costs, insolvency, news by sally

‘A High Court judge was wrong to order a non-party costs order (NPCO) where the respondent had not been warned that the applicant was going to seek one, the Court of Appeal has ruled.’

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Litigation Futures, 10th September 2018

Source: www.litigationfutures.com

Copyright ruling challenges internet practices on posting photos – OUT-LAW.com

Posted August 10th, 2018 in copyright, internet, news, photography by sally

‘Website operators cannot lift copyrighted media lawfully posted elsewhere on the internet without first obtaining the rights holder’s permission to publish the image themselves, the EU’s highest court has ruled.’

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OUT-LAW.com, 8th August 2018

Source: www.out-law.com

Help! Somebody has stolen my client list – Henderson Chambers

Posted August 9th, 2018 in confidentiality, copyright, database right, fiduciary duty, news, pleadings by sally

‘Companies can invest significant sums in the creation and maintenance of their client lists. Unsurprising, their client lists are often closely guarded. But what if protections fail? Under the Copyright and Rights in Databases Regulations 1997, firms can bring actions against those that access and download their client list (for instance, a former employee). The wronged party can demand the return or destruction of the confidential information, an injunction to prevent its use and damages for any losses.’

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Henderson Chambers, July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com