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
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
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 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
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
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 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
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 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 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
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
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
Action for damages for infringement of copyright The claimants sought damages after the defendants used songs in which they held the rights in a promotional video. The video was removed within five days of the complaint. Held: The court awarded 38750 pounds by way of ordinary damages. The damages in such a claim were to … Continue reading Reformation Publishing Company Ltd v Cruiseco Ltd and Another: ChD 22 Oct 2018
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
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 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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