Search Results for: Copyright Act 1956

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Acts

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Football League Limited v Littlewoods Pools: ChD 1959

The plaintiff alleged copyright infringement by the defendant in the reproduction of its football fixture lists. The defendant argued that the work which went into deciding when and where the fixtures were to take place was not relevant: the only relevant skill and labour being that involved in reducing that information to material form. Held: … Continue reading Football League Limited v Littlewoods Pools: ChD 1959

Hodgens v Beckingham: CA 19 Feb 2003

The defendant appealed a finding of infringement in a music copyright work, ‘Young at Heart’, based on a claim of joint authorship. The claimant had delayed his claim for many years, but now sought only rights to future royalties. Held: The defendant’s allegation of an estoppel against the claimant failed. The test for a joint … Continue reading Hodgens v Beckingham: CA 19 Feb 2003

Les Laboratoires Servier and Another v Apotex Inc and Others: PatC 29 Mar 2011

Arnold J considered what kinds of unlawfulness would engage the ex turpi causa principle. Held: a relevant illegality was one which was sufficiently serious in all the circumstances of the case, including in particular whether the illegal act was done with knowledge or deliberately. After reviewing the authorities, he said: ‘The main conclusion which I … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: PatC 29 Mar 2011

Spectravest Inc v Aperknit: ChD 1988

The parties had disputed the use of a Puss-n-Boots design motif used on garments. The defendant had undertaken to surrender goods using the motif, and not to further infringe the plaintiff’s copyright. Later the defendant had obtained legal advice that the use of a further design it was not infringing, undertook further sales. The plaintiffs … Continue reading Spectravest Inc v Aperknit: ChD 1988

Jules Rimet Cup Ltd v The Football Association Ltd.: ChD 18 Oct 2007

The parties disputed on preliminary issues the ownership of the rights in the trade mark ‘World Cup Willie’. The claimant had set out to register the mark, and the defendant gave notice of its intention to oppose. The claimant now alleged threat and unlawful interference in contractual relations. The defendant alleged copyright infringement in the … Continue reading Jules Rimet Cup Ltd v The Football Association Ltd.: ChD 18 Oct 2007

Chappell and Co Ltd v Nestle Co Ltd: HL 18 Jun 1959

The defendants sought to rely on section 8 in defence to a claim for copyright infringement. They had manufactured and sold recordings of a work whose copyright was owned by the plaintiffs.They had given notice but had been told that the distribution as a sales promotion for chocolate was not retail sale within the section. … Continue reading Chappell and Co Ltd v Nestle Co Ltd: HL 18 Jun 1959

C Evans and Sons Ltd v Spritebrand Ltd and another: CA 1985

The court considered when a company director might be personally liable for acts of the company: ‘in order to make a director, other officer or employee of a company personally liable for the company’s tort, it is necessary to show either that he was himself the person who committed, or participated in, the act constituting … Continue reading C Evans and Sons Ltd v Spritebrand Ltd and another: CA 1985

Farrell v Alexander: HL 24 Jun 1976

The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976

Amstrad Consumer Electronics Plc v British Phonographic Industry Limited: ChD 17 Jun 1985

BPI as representative of copyright holders sought damages from the applicant saying that their two-deck cassette tape recording machines were tools for copyright infringement by deing designed to allow copying. The defendants now sought a declaration that the machines were lawful. Held: The declaration was refused. Amstrad were authorising infringement, were joint tortfeasors, and might … Continue reading Amstrad Consumer Electronics Plc v British Phonographic Industry Limited: ChD 17 Jun 1985

Scott v Metropolitan Police Commissioner; Regina v Scott: HL 20 Nov 1974

The defendant had been accused of conspiracy to produce pirate copies of films obtained by purchasing copies from cinema owners without the knowledge or consent of the copyright owners. Held: To establish a conspiracy to defraud, it was not necessary to prove a deceit by the defendant of the person who would end up being … Continue reading Scott v Metropolitan Police Commissioner; Regina v Scott: HL 20 Nov 1974

Novello and Company Limited v Keith Prowse Music Publishing Company Limited: ChD 7 Apr 2004

The author had executed an assignment of the reversionary copyright interests in his musical works. The parties sought a declaration as to whether such an assignment was capable of being effective in law. Held: The agreement was effective. Judges: The Honourable Mr Justice Patten Citations: [2004] EWHC 766 (Ch), Times 20-May-2004 Links: Bailii Statutes: Copyright … Continue reading Novello and Company Limited v Keith Prowse Music Publishing Company Limited: ChD 7 Apr 2004

Dorling v Honnor Marine Ltd: CA 1964

The court considered the protection of drawings of parts of a boat. The court distinguished between designs capable of registration which were subject to s 10, and designs which were not registrable (chiefly because they were functional) and so bore full-term artistic copyright even in respect of industrial products. Citations: [1964] RPC 160, [1965] Ch … Continue reading Dorling v Honnor Marine Ltd: CA 1964

Masquerade Music Ltd and Others v Bruce Springsteen: CA 10 Apr 2001

The respondent was a composer who sought to restrict the import of CDs containing his music into the UK. The appellants responded putting him to strict proof of his title. The title included assignments from a partnership to limited companies, but the original documents were no longer available. He sought to have admitted in evidence … Continue reading Masquerade Music Ltd and Others v Bruce Springsteen: CA 10 Apr 2001

Amstrad Consumer Electronics Plc v British Phonographic Industry Limited: CA 29 Oct 1985

Amstrad sought a declaration that their retailing of equipment with two cassette decks was not unlawful. A declaration was not granted because Amstrad might be guilty of a criminal offence. However in the absence of any evidence that Amstrad was acting in concert with members of the public, the Court thought that Amstrad’s conduct was … Continue reading Amstrad Consumer Electronics Plc v British Phonographic Industry Limited: CA 29 Oct 1985

Breville Europe v Thorn EMI Domestic Appliances Ltd: ChD 1995

Copyright was asserted in plastic shapes used as moulds for the heated plates in a sandwich toaster. Held: The defendants had not appropriated the plaintiff’s designs contained in their drawings in producing their own machine. Falconer J (obiter) said: ‘Turning to the plaster shapes or sculptures, the defendants contended that these were not sculptures within … Continue reading Breville Europe v Thorn EMI Domestic Appliances Ltd: ChD 1995

Moore v News of the World: CA 1972

An article was published which the plaintiff said left readers with the false apprehension that she had written it. She claimed under the statutory tort of false attribution. Held: The judge was correct to direct the jury to make up their minds what the impression was to the reader. Confirming that a judge need not … Continue reading Moore v News of the World: CA 1972

Novello and Co Ltd v Keith prowse Music Publishing Co Ltd: CA 14 Dec 2004

The musician had in the 1940s assigned his copyright to the respondent. At that time a reversion in copyright could only be assigned by will. In 1973, after the 1956 Act he assigned the reversion to the respondent also. The appellant now contended that the transitional provisions of the 1956 Act mean that the second … Continue reading Novello and Co Ltd v Keith prowse Music Publishing Co Ltd: CA 14 Dec 2004

CBS United Kingdom Ltd v Charmdale Record Distributors Ltd: 1981

The court discussed exclusive licenses of a copyright: ‘First, I would not expect a licensee to be treated as having a property interest in the copyright. Under the general law a licensee is a person who enjoys contractual rights as against the property owner. I can find nothing in the Act which conflicts with the … Continue reading CBS United Kingdom Ltd v Charmdale Record Distributors Ltd: 1981

Sillitoe v McGraw-Hill Book Co: 1983

The defendants had imported and distributed a series of ‘study notes’ for students which the plaintiffs alleged infringed the copyrights in the works under discussion. Held: The defendants had been ‘fixed with knowledge’ 14 days after letters before action sent by the plaintiffs, that being a reasonable time in which to consider their position. The … Continue reading Sillitoe v McGraw-Hill Book Co: 1983

Fisher v Brooker and Another: ChD 20 Dec 2006

The claimant said that he had contributed to the copyright in the song ‘A Whiter Shade of Pale’ but had been denied royalties. He had played the organ and particularly the organ solo which had contrbuted significantly to the fame of the record. Held: A fair trial remained possible despite the passage of time. There … Continue reading Fisher v Brooker and Another: ChD 20 Dec 2006

CBS Songs Ltd v Amstrad Consumer Electronics Plc: CA 1987

Persons other than the Attorney General do not have standing to enforce, through a civil court, the observance of the criminal law as such. However, Sir Denys Buckley considered that such a claim might be maintained as a representative action because, as in Duke of Bedford: ‘the plaintiffs, and all the persons whom they purport … Continue reading CBS Songs Ltd v Amstrad Consumer Electronics Plc: CA 1987

Machinery Market Ltd v Sheen Publishing Limited: ChD 1983

A newspaper republished advertisements which were in fact copied from a competitor. They blamed their printers. Held: The plaintiff did own the copyright in the advertisements, and was entilted to an injunction and an account of profits. It was not a defence to blame the printers. Walton J [1983] FSR 431 Copyright Act 1956 15 … Continue reading Machinery Market Ltd v Sheen Publishing Limited: ChD 1983

CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988

The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users. Held: Amstrad could only be liable as a joint tortfeasor. If they were not a joint tortfeasor they would be under no tortious liability. … Continue reading CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988

Unilever Plc v Gillette (UK) Limited: CA 1989

Unilever claimed infringement of its patent. The court was asked whether there was a good arguable case against the United States parent company of the existing defendant sufficient to justify the parent company to be joined as a defendant and to serve proceedings out of the jurisdiction. Held: Section 60(1) of the 1977 Act, described … Continue reading Unilever Plc v Gillette (UK) Limited: CA 1989

Interlego AG v Tyco Industries Inc: PC 5 May 1988

How much new material for new copyright (Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new information addressed to the purchaser in the form of written … Continue reading Interlego AG v Tyco Industries Inc: PC 5 May 1988

LB (Plastics) Ltd v Swish Products Ltd: 1979

Judging Copying in Industrial Drawings The plaintiff alleged breach of copyright by the defendants in copying drawings of plastic drawers. Held: The use, by an alleged copyist of odd or unusual detail found in the original is often a tell-tale of copying.Lord Wilberforce said that the beginning of the necessary proof of copying normally lies … Continue reading LB (Plastics) Ltd v Swish Products Ltd: 1979

Homburg Houtimport BV v Agrosin Private Ltd (The Starsin): CA 23 Jan 2001

Cargo had been negligently stowed on a ship so that condensation caused damage during the subsequent voyage. The claimant only acquired a title to the cargo after the voyage had commenced. The defendants contended that no duty of care could be owed to one who was not the owner of the cargo at the time … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (The Starsin): CA 23 Jan 2001

Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001

The respondent company subscribed to a cuttings service, but redistributed the cuttings within its offices. The cuttings agency claimed that the re-distribution infringed their rights in the typographical arrangement. The cuttings did not give any indication of the view of the original layout, and the court held that the cuttings themselves were not such a … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001

Infabrics Ltd v Jaytex Ltd: 1985

Where a party fails to preserve documents after the commencement of proceedings, the defaulting party risks ‘adverse inferences’ being drawn for such ‘spoliation’. Because the defendant had not preserved documents affecting the quantum of damage, the maxim ‘omnia praesummuntur contra spoliatorem’ was applied against it. It was not enough for solicitors merely to give instructions … Continue reading Infabrics Ltd v Jaytex Ltd: 1985

Dyson Appliances Ltd v Hoover Ltd: PatC 5 Apr 2001

The claimant had obtained injunctive relief against the defendant for patent infringement. Only twelve months of the patent remained, and the claimants applied for an extension of the injunction twelve months beyond the patent expiry, and for other injunctive relief. Held: The defendant could not begin arrangements to take advantage of the expiry of the … Continue reading Dyson Appliances Ltd v Hoover Ltd: PatC 5 Apr 2001

Initial Services Ltd v Putterill: CA 1967

The plaintiff’s sales manager resigned, but took with him confidential documents which he gave to a newspaper. The defendant sought to justify this, saying that the company had failed to register agreements it should have done under the Act. Held: The media might make disclosure of material which would otherwise be protected by commercial confidence … Continue reading Initial Services Ltd v Putterill: CA 1967

Johnson v Gore Wood and Co: HL 14 Dec 2000

Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

Redwood Music Ltd v Chappell and Co Ltd: ChD 1982

It was submitted that an arrangement of an existing musical work only attracted a separate copyright if it involved great skill and labour. After referring to the University of London Press Limited, the court held: ‘That passage was cited with approval in the House of Lords in Ladbroke (Football) Ltd. v. William Hill (Football) Ltd … Continue reading Redwood Music Ltd v Chappell and Co Ltd: ChD 1982

Grisbrook v MGN Ltd and Others: ChD 16 Oct 2009

The claimant sought an order committing officers of the defendant company for having failed to obey a court order requiring the defendant to cease infrigement of his copyright in photographs. He operated as a photographer of celebrities selling photographs to newspapers. There was no formal agreement between the parties for the use of his photographs. … Continue reading Grisbrook v MGN Ltd and Others: ChD 16 Oct 2009

Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987

Incorporation of Onerous Terms Requires More Care Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date. Held: The plaintiff had not managed to include the terms in the contract, which was only … Continue reading Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987

In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995