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Thames and Hudson Ltd v Design and Artists Copyright Society Ltd and Others: ChD 10 Aug 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

Regina v Bow Street Metropolitan Stipendiary Magistrate Ex Parte Screen Multimedia Ltd and Another: QBD 28 Jan 1998

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

Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

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

Robin Ray v Classic FM Plc: PatC 18 Mar 1998

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

Murphy v Media Protection Services Ltd: Admn 21 Dec 2007

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

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and Others: SC 17 Apr 2013

The agency alleged copyright infringement by the members of the appellant association who were licensed to copy newspaper articles for its members as part of its news monitoring service. Held: It was necessary to refer to the European Court of Justice the question of whether article 5.1 of the 2001 Directive, as implemented in section … Continue reading Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and Others: SC 17 Apr 2013

Phonographic Performance Limited v Maitra and Others: CA 3 Feb 1998

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

Twentieth Century Fox Film Corp and Others v Harris and Others: ChD 5 Feb 2013

The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright. Held: He did not. No such argument could be shown to have suceeded before. Judges: Newey J Citations: [2013] WLR(D) 42, [2013] EWHC 159 (Ch) Links: Bailii, WLRD Statutes: Copyright, Designs and Patents Act 1988 … Continue reading Twentieth Century Fox Film Corp and Others v Harris and Others: ChD 5 Feb 2013

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

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

Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009

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

R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

Football Association Premier League Ltd and Others v QC Leisure and Others: ChD 3 Feb 2012

The claimant complained that in using decoders imported from Greece, the defendants had infringed their copyrights. Judges: Kitchin J Citations: [2012] EWHC 108 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 20 72 Jurisdiction: England and Wales Citing: See Also – The Football Association Premier League Ltd v QC Leisure and others ChD … Continue reading Football Association Premier League Ltd and Others v QC Leisure and Others: ChD 3 Feb 2012

Microsoft Corporation v Ling and others: ChD 3 Jul 2006

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

AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999

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

Hyde Park Residence Limited v Yelland, News Group Newspapers Limited, News International Limited, Murrell: PatC 16 Mar 1999

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

ITV Broadcasting Ltd and Others v TV Catch Up Ltd: ChD 25 Nov 2010

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

Nintendo Company Ltd and Another v Playables Ltd and Another: ChD 28 Jul 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

CSC Media Group Ltd v Video Performance Ltd: ChD 10 Aug 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

Martin and Another v Kogan and Others: IPEC 22 Nov 2017

The parties disputed whether joint authorship of the screenplay for a film, ‘Florence Foster Jenkins’. The claimant now sought a declaration of sole authorship of film screenplay, and the defendant cross-claimed for a declaration of joint authorship. The parties had been cohabiting at the time of its creation, and though the screenplay had been publicly … Continue reading Martin and Another v Kogan and Others: IPEC 22 Nov 2017

Phonographic Performance Ltd v Reader: ChD 22 Mar 2005

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

Alk-Abello Ltd v Meridian Medical Technologies Dey Pharma Lp: PCC 9 Nov 2010

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

A Fulton Company Limited v Totes Isotoner (UK) Limited: CA 4 Nov 2003

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

BBC Enterprises Ltd v Hi-Tech Xtravision Ltd and Others: CA 21 Dec 1989

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

Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd: ChD 23 Mar 2005

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

Kogan v Martin and Others: CA 9 Oct 2019

Dispute over the authorship of the screenplay of a film. Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material matters and applied incorrect legal standards to the assessment of the sufficiency of Ms Kogan’s contributions. … Continue reading Kogan v Martin and Others: CA 9 Oct 2019

SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013

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

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others: CA 9 Dec 2010

The claimants asserted ownership of copyright in football fixture lists as a database right. The defendant denied that they attracted any such right. The judge had found that significant skill and labour went into the preparation of the list. Held: The appeal failed in general, but the court referred a limited questiion to the ECJ … Continue reading Football Dataco Ltd and Others v Yahoo! UK Ltd and Others: CA 9 Dec 2010

Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

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

Ashdown v Telegraph Group Ltd: ChD 11 Jan 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

Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006

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

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

Nova Productions Ltd v Mazooma Games Ltd and others: CA 14 Mar 2007

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

Volumatic Ltd v Myriad Technologies Ltd: ChD 10 Apr 1995

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

Ultraframe UK Limited v Clayton, Fielding and Others: CA 12 Dec 2003

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

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

Alan Kenneth McKenzie Clark v Associated Newspapers Ltd: PatC 21 Jan 1998

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 Newspaper Licensing Agency Limited v Marks and Spencer Plc: PatC 19 Jan 1999

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

Scholes Windows Ltd v Magnet Ltd: CA 11 Apr 2001

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

Thermos Limited v Aladdin Sales and Marketing Limited: CA 10 May 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

Regina v Registered Designs Appeal Tribunal, Ex Parte Ford Motor Company Ltd: HL 14 Dec 1994

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

Pro Sieben Media AG v Carlton Television Ltd and Another: CA 7 Jan 1999

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

Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999

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

Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

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

Ultraframe UK Limited v Clayton, Fielding and Others: ChD 3 Oct 2002

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

Farmers Build Ltd v Carier Bulk Materials Handling Ltd and Others: CA 23 Dec 1998

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

Dyrland Smith A/S v Tuberville Smith Limited and Another: CA 4 Jun 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

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

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

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

Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000

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

Baigent and Another v The Random House Group Ltd: CA 28 Mar 2007

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

Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society: ChD 20 May 2016

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

Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012

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

Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003

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 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

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

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

Higgs v Regina: CACD 24 Jun 2008

The defendant appealed against his conviction under the section. He ran a business fitting modifying chips to games consoles allowing them to play non-certificated games CDs. Held: The appeal was allowed. It was not suggested that the use of a modified console to play a game on an infringing CD was itself an infringement of … Continue reading Higgs v Regina: CACD 24 Jun 2008

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 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

Phonographic Performance Ltd v Ellis (T/A Bla Bla Bar): CA 18 Dec 2018

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

Hyperion Records Ltd v Sawkins: CA 19 May 2005

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

Twentieth Century Fox Film Corporation and Another v Newzbin Ltd: ChD 29 Mar 2010

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

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

Office of Communications v The Information Commissioner: SC 27 Jan 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

Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 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

HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Defence had no prospect of success – Struck Out The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment. Held: Warby J said: ‘There are two main questions … Continue reading HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Fisher v Brooker and Others: HL 30 Jul 2009

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

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