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
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
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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
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
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
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
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
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
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
The defendant appealed by case stated against his conviction under the 1956 Act saying that no evidence had been brought that the videos on which the conviction was based were infringing copies. Held: As to items from the US, no evidence had been brought. It was required, and the appeal succeeded. However where the country … Continue reading Musa v Le Maitre: QBD 1987
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
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
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
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
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 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
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
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
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 . .
The court considered how the court should exercise any jurisdiction to make declarations.
Held: The House (Lord Dunedin) referred, with approval, to the approach taken by the Scottish Courts, identifying three propositions, namely that the . .
