The respondents published articles including pictures which themselves included the claimant’s logo. The claimant sought damages for breach of copyright. The defendant claimed protection under section 31 on the basis that the inclusion of the marks was incidental. Held: There was no disjunction in principle between the words ‘incidental’ and ‘integral’ within the section. The … Continue reading Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003
A pursuer in an action for breach of copyright must take either an account of profits or additional damages but not both. Citations: Times 02-May-1997 Statutes: Copyright Designs and Patents Act 1988 96(2) 97 Jurisdiction: Scotland Cited by: Appeal from – Redrow Homes Ltd and others v Bett Brothers Plc and others HL 22-Jan-1998 Additional … Continue reading Redrow Homes Ltd v Bett Brothers Plc: IHCS 2 May 1997
The prosecutor appealed dismissal of a charge of receiving a broadcast television programme with intent to avoid payment. The defendant ran a public house. She acquired a card which allowed her to receive transmissions from a Greek satellite broadcasting premier league football matches. The intellectual property rights to such matches in the UK lay with … Continue reading Murphy v Media Protection Services Ltd: Admn 21 Dec 2007
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The claimants had made several Star Wars films for which the defendants had designed various props items. The parties disputed ownership of the rights in the designs, and in articular of a stormtrooper helmet. The issues came down to whether the defendant had rights to reproduce images under sections 51 and 52. The claimants appealed … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
The defendants appealed against a decision that they had infringed the design right of the claimant’s in jewelry. Held: When looking at an infringement of a design, regard had to be had to the design as a whole. Questions in copyright law about the substantiality of what was copied were not to be applied in … Continue reading L Woolley Jewellers Ltd v A and A Jewellery Ltd and Another: CA 31 Jul 2002
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
G-Star sought injunctions, orders for delivery up, an inquiry as to damages or an account of profits, and other relief in respect of alleged infringement of the United Kingdom unregistered design rights in the design of a pair of contemporary jean trousers known as the ‘Arc Pant’. The Defendants contended that the rights in question … Continue reading G-Star Raw Cv v Rhodi Ltd and Others: ChD 6 Feb 2015
The claimant asserted infringement of copyright by the defendants in photographs of the family of David Beckham. The defendant admitted using the photographs but asserted that no permission was required since the use was a fair dealing. Held: Most of the photographs were used to demonstrate a particular style, and the use was fair criticism … Continue reading Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd: ChD 23 Mar 2005
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing. Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the … Continue reading Ashdown v Telegraph Group Ltd: CA 18 Jul 2001
Claim for summary judgement in claim for copyright infringement by faciitation of peer to peer (P2P) networking to copy music over the internet. Judges: Lawrence Collins J Citations: [2005] EWHC 3191 (Ch) Links: Bailii Statutes: Copyright Designs and Patents Act 1988 Jurisdiction: England and Wales Intellectual Property Updated: 19 July 2022; Ref: scu.263703
The parties disputed ownership of the designs for various props used in the Star Wars films. The defendant had developed designs from ideas originating within the claimant’s companies. Held: The judgment from the US in a similar claim was unenforceable here. No copyright existed in the helmet, since it was not a work of sculpture … Continue reading Lucasfilm Ltd and others v Ainsworth and Another: ChD 31 Jul 2008
Husband and wife pursued ancillary relief applications, but an issue arose as to copyright, and it was transferred to Chancery. W kept a personal diary. H read it after W said she wanted a divorce. He read passages and had extracts photocopied before returning it. He still retained two pairs of copies and a further … Continue reading A v B: FD 31 Jul 2000
Appeal against a decision of the Copyright Tribunal on a preliminary issue in a reference under section 126 of the 1988 Act, brought by the BBC in the following terms: ‘In this reference to what extent (if any) does the Tribunal have jurisdiction to set the terms of licences in issue (being the BBC Agreement, … Continue reading British Broadcasting Corporation and Another v Mechanical-Copyright Protection Society Ltd and Others: ChD 6 Nov 2018
The complainant has requested a WRATE report (a Waste and Resources Assessment Tool for the Environment) submitted to Hertfordshire County Council by Veolia, a waste management company who submitted a bid to manage its waste management functions. The council claim that the information is subject to the exceptions in Regulation 12(5)(c) (intellectual property rights) and … Continue reading Hertfordshire County Council (Decision Notice): ICO 7 Jan 2013
An advertising agency was requested to provide a logo. It employed an independent designer. Who owned the copyright, in this case of the AirWair logo? The defendants had taken an assignment of the copyright from the first author. The claimants sought a declaration as to its ownership. Held: It was possible for copyright and trade … Continue reading R Griggs Group Ltd and others v Evans and others: ChD 2 Dec 2003
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
A film whose defining and innovative characteristic was the editing which produced stylised jumps in the action, which were incapable of performance by the actor, was not a dramatic work protected by copyright. A film per se cannot be a dramatic work within the meaning of the 1988 Act, though it can be a recording … Continue reading Norowzian v Arks Limited and Others: ChD 17 Jul 1998
The defendant had a cuttings service, and distributed selected articles amongst its staff. The Agency complained that this amounted to copying a substantial part of the editions from which the cuttings were taken. There was no typographical copyright infringed as the layout had changed, and the work referred to was the entire paper edition, and … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: CA 26 May 2000
The claimant was a member of Parliament and an author. The defendant published a column which was said to give the impression that the claimant had written it. It was a parody. The claim was in passing off. Held: The first issue was whether a substantial number of readers had been misled. The deception must … Continue reading Alan Kenneth McKenzie Clark v Associated Newspapers Ltd: PatC 21 Jan 1998
The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties. Held: A film was protected as a dramatic work subject to copyright law, but not the artistic techniques … Continue reading Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999
Copyright Claim: Was it Copied, and How Much? The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the whole or a substantial part … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000
The court interpreted the word ‘incidental’ in the section as meaning ‘casual, inessential, subordinate or merely background’ Richard McCombe QC [1998] FSR 431 Copyright Designs and Patents Act 1988 31 England and Wales Cited by: Cited – Football Association Premier League Ltd and others v Panini UK Ltd CA 11-Jul-2003 The respondents published articles including … Continue reading IPC Magazines Limited v MGN Limited: ChD 1998
Claim for damages for breach of contract and database rights, delivery up of confidential information and injunctive relief against Mr Solanki, a former employee of the Claimants. Held: The court having refused a request for adjournment applied for on medical grounds, proceeded in the defendant’s absence and found in favour of the claimant and awarded … Continue reading Intercity Telecom Ltd and Another v Solanki: Merc 27 Feb 2015
The claimant sought summary judgment in a claim that the defendant had manufactured computer chips which would be used with their playstation computer games consoles to avoid their copy protection systems. Held: The fact that the chips only stored code temporarily whilst the game was played did not prevent there being an infringement. The chip … Continue reading Kabushiki Kaisha Sony Computer Entertainment Inc., Sony Computer Entertainment Europe Limited, Sony Computer Entertainment UK Limited v Ball, and others: ChD 19 Jul 2004
Additional infrimgement damages were not a fine. The Society had succeeded in its claim of copyright infringement. The defendant having continued his breaches, it sought additional damages and committal for contempt. Having granted the committal the trial judge declined to award additional damages, by way of an analogy with criminal fines. Held: The appeal succeeded … Continue reading Phonographic Performance Ltd v Ellis (T/A Bla Bla Bar): CA 18 Dec 2018
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009
The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights. Held: The defendant had infringed the copyright of the claimants. Though its terms denied that its editors should promote … Continue reading Twentieth Century Fox Film Corporation and Another v Newzbin Ltd: ChD 29 Mar 2010
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed. Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright … Continue reading Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010
Contractor and Client Copyrights The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract. Held: A Joint authorship claim required that the contributor had made some direct contribution to the words appearing in the eventual published item. … Continue reading Robin Ray v Classic FM Plc: PatC 18 Mar 1998
The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties. Held: His appeal was allowed. Limitation did not apply, … Continue reading Fisher v Brooker and Others: HL 30 Jul 2009
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
The claimant’s product was made from drawings. The drawings were protected as copyright artistic works. They were reproduced in a three dimensional form by the claimant’s own products. Someone who copied the claimant’s products indirectly copied the . .
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
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