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 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 was the director of a play. The defendant had written the entirety of the play first presented at rehearsals, although during rehearsals the claimant suggested changes. The parties disputed the copyright and other rights in a stage play, ‘Stones in his Pockets’. Held: In substance the claim failed, the rights in the play … Continue reading Brighton and Another v Jones: ChD 18 May 2004
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
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
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private. Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of … Continue reading Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006
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 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 appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013
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 claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights of the claimant. Held: On breach of confidence, the parties had an arguable cases on each side, … Continue reading Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society: ChD 20 May 2016
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
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
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
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 appealed against his conviction under the 1988 Act as amended. He had sold ‘modchips’ which were used to circumvent copyright protection measures in games consoles. Held: The appeal failed. The prosecution had remedied the defect found in Higgs. The use of the DVD of the game involved the copying of copyright images to … Continue reading Gilham v Regina: CACD 9 Nov 2009
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 plaintiff alleged that the defendant had copied its house designs after a senior employee involved in creating the designs left and eventually came to work for the defendant. The plaintiff alleged that the copying was flagrant allowing . .
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 . .
Lord Templeman said: ‘The appellants’ submissions are, in essence, based on the proposition that if a product is worth copying, the law should protect the product against being copied. My Lords, that is not the law. In British Leyland Motor . .
One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .
The court awarded andpound;1 per CD produced and not sold, and andpound;5 per CD produced and sold for infringement by pressing CDs of recordings of the claimant artist’s performances. The court considered the personal responsibility of the director . .
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