A car part which has no independent life cannot be Registered Design. Citations: Times 09-Mar-1994 Statutes: Copyright Designs and Patents Act 1988 265(1) Jurisdiction: England and Wales Intellectual Property Updated: 21 October 2022; Ref: scu.87617
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
Design right is limited to shape excluding any surface decoration. There is no infringement of design right by copying only the surface decoration. ‘The design in which the plaintiff primarily claims design right is now pleaded as ‘the whole external shape and configuration of that part of the wall units which are used in its … Continue reading Mark Wilkinson Furniture Ltd v Woodcraft Designs (Radcliffe) Ltd: ChD 13 Oct 1997
Car parts which had no effect on appearance and were merely parts were not registerable as Registered Designs.The section applies only to items of design which will have their own independent use, and not only as part of a larger item. Registration was refused for the part in this case. Judges: Lord Keith, Lord Ackner, … Continue reading Regina v Registered Designs Appeal Tribunal, Ex Parte Ford Motor Company Ltd: HL 14 Dec 1994
The criminal code provisions of the Copyright Designs and Patents Act was not limited in use to plainly criminal conduct, against ‘pirates’. Citations: Independent 23-Aug-1994, Times 10-Aug-1994 Statutes: Copyright Designs and Patents Act 1988 107(1) 110(1) Jurisdiction: England and Wales Intellectual Property Updated: 28 April 2022; Ref: scu.89786
Allegation of copyright infringement in greeting cards. Citations: [2018] EWHC 1332 (IPEC) Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 24 April 2022; Ref: scu.618367
The Federation appealed against a decision rejecting its complaint against the defendant of having committed offences under the 1988 Act. He ran a social club, and was accused of showing material taken via a contract with Virgin for private showing, and showing it publicly. The magistrates found that some payment having been made, no conviction … Continue reading Federation Against Copyright Theft Ltd v Ashton: Admn 7 Jun 2013
ECJ Community design – Invalidity proceedings – Registered Community design representing a cup and saucer with grooves and a soup dish with grooves – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 NJ Forwood P T-566/11, [2013] … Continue reading Viejo Valle, Sa v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 23 Oct 2013
ECFI Community design – Invalidity proceedings – Community design representing watch dials – Earlier unregistered designs – Ground for invalidity – Novelty – Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 – Individual character – Different overall impression – Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 – Earlier copyright – Article … Continue reading Kastenholz v Office For Harmonisation In The Internal Market (Trade Marks And Designs) (Ohim), Qwatchme A/S: ECFI 6 Jun 2013
Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96. Citations: Times 26-Jan-1998, Gazette 11-Feb-1998, [1998] 1 All ER 385, [1998] UKHL 2, [1999] AC 197, [1998] 2 WLR 198 Links: House of Lords, Bailii Statutes: Copyright Designs and Patents … Continue reading Redrow Homes Ltd and others v Bett Brothers Plc and others: HL 22 Jan 1998
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
A plaintiff may claim damages under section 97(2) in addition to claiming an account of profits, as his primary remedy. A person claiming joint rights in the copyright as author must contribute to the ‘production’ of the work and create something protected by copyright which finds its way into the finished work. There is no … Continue reading Cala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2): ChD 30 Oct 1995
The court considered the nature of the fair dealing defence to an allegation of copyright infringement: ‘What amounts to fair dealing must depend on the facts of the particular case and must to a degree be a matter of impression. What is of prime importance is to consider the real objective of the party using … Continue reading Banier v News Group Newspapers Ltd: 1997
An injunction without time limit should normally be granted immediately where there was clear infringement and a threat of continued infringement. Copyrights can sometimes typically be identified only by reference to the trade marks under which the copyright recordings have been released. Judges: Lord Woolf MR Citations: Times 10-Feb-1998, [1998] EWCA Civ 137, [1998] 1 … Continue reading Phonographic Performance Limited v Maitra and Others: CA 3 Feb 1998
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 claimant sought damages against the respondent for various infringements in sales of unlicensed products, and also additional damages. The defendant argued that Microsoft’s licensing arrangements acted anti-competively. Held: ‘the defendants would not at trial be able to defend liability for issuing instruments of deception. ‘ The application for summary judgment for additional damages succeeded. … Continue reading Microsoft Corporation v Ling and others: ChD 3 Jul 2006
Judges: David Stone (Sitting as a Deputy High Court Judge) Citations: [2022] EWHC 2084 (IPEC) Links: Bailii Statutes: Copyright Designs and Patents Act 1988 4(1)(c) Jurisdiction: England and Wales Intellectual Property Updated: 01 November 2022; Ref: scu.681997
The court considered sentencing in a video piracy case. Held: Jowitt J said: ‘[I]t has to be borne in mind that counterfeiting of video films is a serious offence. In effect to make and distribute pirate copies of films is to steal from the true owner of the copyright, the property for which he has … Continue reading Regina v Carter: CACD 1993
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
Citations: [2022] EWHC 2403 (Ch) Links: Bailii Statutes: Copyright Designs and Patents Act 1988 97A Jurisdiction: England and Wales Intellectual Property Updated: 19 October 2022; Ref: scu.681453
There is a public interest defence to an allegation of copyright infringement. A newspaper republished video camera stills to demonstrate the untruth of assertions made publicly about the relationship if Princess Diana and Dodi Fayed. Held: It was a current event, and the fair dealing defence applied. Judges: Jacob J Citations: Times 24-Mar-1999, [1999] EWHC … Continue reading Hyde Park Residence Limited v Yelland, News Group Newspapers Limited, News International Limited, Murrell: PatC 16 Mar 1999
The defendant sought summary judgment saying that the claim was doomed to fail. The claimants alleged copyright infringement in the rebroadcasting by the defendants of their materials. Judges: Kitchin J Citations: [2010] EWHC 3063 (Ch) Links: Bailii Statutes: Copyright Designs and Patents Act 1988 6, Copyright and Related Rights Regulations 2003 (SI 2003/2498), Directive 2001/29/EC … Continue reading ITV Broadcasting Ltd and Others v TV Catch Up Ltd: ChD 25 Nov 2010
The claimant said that the defendant was marketing an anti-copyright protection device, and now sought summary judgment. Held: A partial settlement having been reached, the court should be particularly careful with an unopposed application. Even so the defendant had no realistic prospect of succeeding in his defence at trial, given the decisions in Sony -v- … Continue reading Nintendo Company Ltd and Another v Playables Ltd and Another: ChD 28 Jul 2010
VPL appealed against the terms of a copyright licence ordered by the Copyright Tribunal to be awarded to the CSC who ran music TV channels. An expired agreement provided for a fee based on 20% of gross revenues. Judges: Floyd J Citations: [2010] EWHC 2094 (Ch) Links: Bailii Statutes: Copyright Designs and Patents Act 1988 … Continue reading CSC Media Group Ltd v Video Performance Ltd: ChD 10 Aug 2010
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
Judges: Birss QC HHJ Citations: [2011] EWPCC 21 Links: Bailii Statutes: Copyright Designs and Patents Act 1988 1(1)(a) Citing: See Also – Temple Island Collection Ltd v New English Teas Ltd and Another PCC 22-Jun-2011 The court gave reasons for disallowing an application by the claimant to amend its particulars of claim. . . Cited … Continue reading Temple Island Collection Ltd v New English Teas Ltd and Another: PCC 29 Jul 2011
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in this action sought additional damages under section 97. Held: Where the underlying infringement is established … Continue reading Phonographic Performance Ltd v Reader: ChD 22 Mar 2005
The court was asked whether the case should be transferred from the Patents County Court to the High Court Patents Court.Birss HHJ identified the relevant factors: ‘the points to consider are:- i) the financial position of the parties (s289(2) 1988 Act). This includes but is not limited to considering whether a party can only afford … Continue reading Alk-Abello Ltd v Meridian Medical Technologies Dey Pharma Lp: PCC 9 Nov 2010
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
A pop group had posed at a specially devised scene, consisting of a white Rolls Royce in the swimming pool of a hotel and incorporating various other props. The object of the exercise was to take a photograph to be used as a record cover. The defendants commissioned a freelance photographer to take photographs of … Continue reading Creation Records Ltd and Another v News Group Newspapers Ltd: ChD 29 Apr 1997
The defendants appealed a finding that they had infringed the claimant’s unregistered design rights in collapsible umbrellas. The defendants said the law protected only the design as a whole, and that only part had been copied. Held: Authority was clear that subject to considerations as to the non-protection of ‘must fit/must match elements’ of a … Continue reading A Fulton Company Limited v Totes Isotoner (UK) Limited: CA 4 Nov 2003
The plaintiff sold television entertainment through subscriptions. The broadcasts were protected by encryption. The defendant sold equipment which could unscramble the broadcasts. They were sued under the section. At first instance, the claim was struck out. Held: Programmes were received under the terms of the licence granted by the broadcaster. Those who had not paid … Continue reading BBC Enterprises Ltd v Hi-Tech Xtravision Ltd and Others: CA 21 Dec 1989
An authorisation to broadcast sound recording included right to make back up tapes, but not to keep that back up beyond 28 days. Broadcasters are bound by an obligation to destroy copies of material which had been used for broadcast within 28 days unless a licence given otherwise. Citations: Times 14-Jul-1997, Gazette 23-Jul-1997 Statutes: Copyright … Continue reading Phonographic Performance Ltd v AEI Rediffusion Music Ltd: ChD 14 Jul 1997
The use of an injunction to prevent the use of copyrighted recordings was not to be misused to obtain recovery for past unlicensed playing. Citations: Times 14-Jul-1997 Statutes: Copyright Designs and Patents Act 1988 Jurisdiction: England and Wales Cited by: Appeal from – Phonographic Performance Limited v Maitra and Others CA 3-Feb-1998 An injunction without … Continue reading Phonographic Performance Ltd v Maitra and Others: ChD 14 Jul 1997
Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was … Continue reading Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000
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 court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013
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
The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He complained of breach of copyright. Held: The claim succeeded. The VC granted a final injunction against any further infringement and … Continue reading Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001
There is a public interest defence to an allegation of copyright infringement. A newspaper republished video camera stills to demonstrate the untruth of assertions made publicly about the relationship if Princess Diana and Dodi Fayed. It was a current event. Citations: Gazette 19-May-1999 Statutes: Copyright Designs and Patents Act 1988 30(2) 97 Jurisdiction: England and … Continue reading Hyde Park Residence Ltd v News Group Newspapers Ltd et Al: ChD 19 May 1999
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
The claimant had asserted a joint authorship of the song ‘A Whiter Shade of Pale’ written in the sixties. The defendant appealed saying that the claim had been brought too late, and that the finding ignored practice in the music industry. The copyright in the song had already been assigned by the authors before the … Continue reading Brooker and Another v Fisher: CA 4 Apr 2008
The claimant sought damages alleging infringement of design right, breach of confidentiality and passing off. The claimants sold a system for purification of water. Held: The situations behind the two sets of products were different. Products. The drawing of one design at issue was sufficiently precise to have protection. There was a high degree of … Continue reading Sales v Stromberg and others: ChD 26 Jul 2005
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
Judges: Jacob LJ Citations: [2007] EWCA Civ 501 Links: Bailii Statutes: Copyright Designs and Patents Act 1988 Jurisdiction: England and Wales Intellectual Property Updated: 11 July 2022; Ref: scu.252523
The defendant appealed against a finding of copyright infringement in a computer game. Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a whole or of any substantial part of it. ”Graphic work’ is defined as including … Continue reading Nova Productions Ltd v Mazooma Games Ltd and others: CA 14 Mar 2007
The claimant alleged copyright infringement in respect of computer games in the coin operated video market. It was said not that the games copied bitmap graphics, but rather the composite frames which appeared on the screen. Held: The games were not protected as a dramatic work: ‘it is not a work of action which is … Continue reading Nova Productions Ltd v Mazooma Games Ltd and others: ChD 20 Jan 2006
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
The court undertook an enquiry as to damages: ‘(1) Damages were to be assessed liberally on the basis of such inferences as the evidence justified.(2) Damages were to be assessed by reference to two periods, November 1992 to February 1996 and March 1996 to March 1997. The difference between them is that in the latter … Continue reading Blayney (T/A Aardvark Jewelry) v Clogau St David’s Gold Mines Ltd and others: ChD 20 Jul 2001
The claimant company sought summary judgment against the defendants who had manufactured and sold unauthorised recordings of a concert by the late Mr Hendrix in Sweden in 1969. Held: The performance was given retrospective protection under the 1988 Act. At the time of the performance, English law would have given no remedy, but the new … Continue reading Experience Hendrix Llc v Purple Haze Records Ltd and Another: ChD 24 Feb 2005
Distortion or mutilation is only actionable under the section if it is prejudicial to the author’s honour or reputation. Judges: HH Judge Overend Citations: [1999] FSR 168 Statutes: Copyright Designs and Patents Act 1988 80 Jurisdiction: England and Wales Cited by: Cited – Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK … Continue reading Pasterfield v Denham: ChD 1999
The court considered whether the protection given by the section extended to part only of a registered design: ‘The question is whether, when these features [must fit and must match] have been subtracted, there is anything left in which unregistered design right could be plausibly claimed. . . Literally construed the Act would allow design … Continue reading Volumatic Ltd v Myriad Technologies Ltd: ChD 10 Apr 1995
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation self contradictory as to its term. Held: The court had first to try to read … Continue reading Taylor v Rive Droite Music Ltd: ChD 6 Jul 2004
The company was 100% owned by its designer. He purported to retain the design right. Held: The designer held the rights in trust for the company. An assignment by a shareholder holding all the shares in a company was possible, but not when the act would be ultra vires the company. Judges: Waller, Longmore, LJJ, … Continue reading Ultraframe UK Limited v Clayton, Fielding and Others: CA 12 Dec 2003
The freedom for a claimant in registered design right to frame his claim, as to whether he asserts an infringement of the entire design, or limits it to the section infringed, is important. Laddie J said: ‘This means that the proprietor can trim his design right claim to most closely match what he believes the … Continue reading Ocular Sciences Ltd v Aspect Vision Care Ltd: ChD 11 Nov 1996
The fact that an inventive step was small and simple did not mean it was obvious where substantial other commercial development activity had failed to see the idea. The development was sufficiently inventive to deserve monopoly protection. Citations: Times 21-Jan-1999, [1999] EWHC Patents 269, [1999] FSR 683 Links: Bailii Statutes: Copyright Designs and Patents Act … Continue reading Haberman and V and A Marketing Limited v Jackel International Limited: PatC 15 Jan 1999
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 daily circulation within a large company of press cuttings was outside the scope of the reporting of current events defences to copyright infringement. Ownership of the typographical arrangement of a newspaper article sufficed to found a claim. An edition meant a ‘version’ of a literary work and ‘In the case of a newspaper made … Continue reading The Newspaper Licensing Agency Limited v Marks and Spencer Plc: PatC 19 Jan 1999
The claimant sought damages for infringement in their unregistered design right in a part of a window. Copyright was accepted, but in the claim for unregistered design right, the respondent said the design was commonplace. Held: The judge was correct to use his own experience to find that it was so. The extent of the … Continue reading Scholes Windows Ltd v Magnet Ltd: CA 11 Apr 2001
The complainant alleged breach of their registered design for a flask. Whether the designs are substantially different is for the court on a comparison of the features judged eye. The court represents a customer interested in the design. It can look at available design if the design of the registered design only differs from the … Continue reading Thermos Limited v Aladdin Sales and Marketing Limited: CA 10 May 2001
The defendant was accused of infringing copyright in a TV programme relating to the pregnancy of a woman with eight foetuses. The defendant claimed fair dealing, but that defence was rejected by the trial judge. Held: The decision was reversed. The test of use for ‘criticism or review’ is objective, and satisfied here with full … Continue reading Pro Sieben Media AG v Carlton Television Ltd and Another: CA 7 Jan 1999
The laudable motives of the defendant in an infringement of copyright were no defence, but relieved him from liability for additional damages. Citations: Times 24-Sep-1997 Statutes: Copyright Designs and Patents Act 1988 97(2) Jurisdiction: England and Wales Cited by: Appeal from – Pro Sieben Media AG v Carlton Television Ltd and Another CA 7-Jan-1999 The … Continue reading PRO Sieben Media Ag v Carlton UK Television Ltd and Another: ChD 24 Sep 1997
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
The BBC’s appeal failed. Section 228 of the 1988 Act is intended to protect those who do no more than re-broadcast or retransmit, while not necessarily being copyright owners of a broadcast in their own right. Citations: (1991) 21 IPR 461, [1991] 3 WLR 1, [1992] RPC 167, [1991] 3 All ER 257, [1991] 2 … Continue reading BBC Enterprises Ltd v Hi-Tech Xtravision Ltd: HL 1991
The claimants asserted infringement of their registered design rights in parts used in their double glazing and conservatory units. ‘Therefore it is possible for design right to subsist in the design of the part of the article which is not excluded under the must match provisions.’ Judges: The Honourable Mr Justice Laddie Citations: [2003] RPC … Continue reading Ultraframe UK Limited v Clayton, Fielding and Others: ChD 3 Oct 2002
The court considered an allegation that part of an unregistered design had been copied. The defendant said that the section required a claim in respect of the entire design. Held: The part in respect of which a claim must be made must neither be insignificant, nor included in any part of the design which ‘must … Continue reading A Fulton Co Ltd v Grant Barnett and Co Ltd: ChD 2001
For design right purposes a design is original if it has not been copied from another. It is not commonplace if, after comparison with other designs produced in evidence there are objectively new factors not present in other designs. Delay alone was not of itself to amount to acquiescence. Citations: Times 23-Dec-1998 Statutes: Copyright Designs … Continue reading Farmers Build Ltd v Carier Bulk Materials Handling Ltd and Others: CA 23 Dec 1998
Where a court discharged an injunction against breach of design right against an undertaking to apply for a licence as of right. It was right to test the parties financial standing to purchase such a right before an injunction was granted. Citations: Gazette 28-Oct-1998, Times 04-Jun-1998, [1998] FSR 774 Statutes: Copyright Designs and Patents Act … Continue reading Dyrland Smith A/S v Tuberville Smith Limited and Another: CA 4 Jun 1998
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 had admitted copying B’s drawings and designs for the creation of a nebulizer. To assist its election on damages, B sought preparation of details of the sales including costs and sale prices. When B also sought statutory damages, M said that having omitted it from the statement of claim, it was too late … Continue reading Brugger v Medic-Aid Ltd: PatC 1996
The term ‘product of the same design’ did not cover independently produced designs even though they were substantially similar. Citations: Independent 26-Jan-1996 Statutes: Copyright Designs and Patents Act 1988 Jurisdiction: England and Wales Intellectual Property Updated: 28 April 2022; Ref: scu.81128
An award of very substantial costs against a defendant infringing copyright was justified even though they were disproportionate to the small profits made. Citations: Times 28-Jan-1998 Statutes: Copyright Designs and Patents Act 1988 107 Intellectual Property Updated: 09 April 2022; Ref: scu.86172
The architect drew plans for buildings on a development completion of which was taken over by the council. The architect claimed breach of copyright in his plans. The expression of design ideas in an architectural drawing was capable of protection by copyright. An architect might see the plans drawn by another, absorb some of the … Continue reading Jones v Tower Hamlets London Borough Council and Another: ChD 26 Oct 2000
The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011
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 claimants appealed against a decision that the defendant’s book, the Da Vinci Code, had not infringed their copyright. The judge had found some copying, but not so much that a substantial part had been copied. Held: Mummery LJ said: ‘In particular, in cases in which the issue of copying has to be decided on … Continue reading Baigent and Another v The Random House Group Ltd: CA 28 Mar 2007
The claimants, representatives of musicians complained of the scheme in section 28B of the 1988 Act: ‘creating an exception to copyright based upon personal private use. Henceforward, any person who legitimately acquires content (music, film, books) can copy that work for his or her own private use without infringing copyright. It can be copied onto … Continue reading British Academy of Songwriters, Composers and Authors and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 19 Jun 2015
MPS had contracted to bring private prosecutions for unlawful reception and display of premier league football matches. It now appealed from a dismissal of the information. Held: The appeal failed. The director laying the information in the name of a private limited company, when acting for reward on behalf of a client in the course … Continue reading Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012
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
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
Applications for website blocking orders by film rights owners. Birss J [2015] EWHC 1082 (Ch) Bailii Copyright Designs and Patents Act 1988 England and Wales Intellectual Property, Media Updated: 29 December 2021; Ref: scu.546166
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
The claimant had edited ancient music scores so as to be ready for performance for the defendant. He asserted a copyright. The defendants argued that the contribution was too little to create a copyright. Held: To succeed Dr Sawkins had to establish that each of his editions is an original musical work. The argument that … Continue reading Sawkins v Hyperion Records Limited: ChD 5 Jul 2004
When deciding whether a copying of a computer program was substantial, the test was not whether the program would run without that code. It had to be looked at as a whole allowing for the skill and labour which had gone into different sections of code. The court emphasised the particular importance of experts being … Continue reading Tradition (UK) Ltd, Tradition Bond Brokers Limited, Howard, Harland v Cantor Fitzgerald International: ChD 15 Apr 1999
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
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
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 had developed historical musical works for performance. They were published by the defendant, by means of recordings of a performance from the scores he had prepared – so called ‘performance editions’. The many hundreds of hours expended, involved transcription of the scores into modern notation and interpretation of the composers shorthand. The publisher … Continue reading Hyperion Records Ltd v Sawkins: CA 19 May 2005
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 parties disputed the publication of materials relating to the exact placement of mobile phone masts. The operators wanted the information excepted from disclosure for fear of criminal acts and also said that disclosure would breach their database rights. Held: The Regulations sought merely to transpose the Directive into UK law, and it must be … Continue reading Office of Communications v The Information Commissioner: SC 27 Jan 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 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 sought damages from the defendants who ran an internet cafe where its visitors downloaded files from the Internet and then copied the files onto CDs, so infringing copyrights owned by the claimants.
Held: The defendants were not . .
