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British Broadcasting Corporation and Another v Mechanical-Copyright Protection Society Ltd and Others: ChD 6 Nov 2018

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

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

Redrow Homes Ltd and others v Bett Brothers Plc and others: HL 22 Jan 1998

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

The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others: ChD 16 Jul 2013

The League sought an injunction against the majority Internet Service Provider respondents seeking to prevent them carrying links to a free sports TV internet channel. Held: The orders were granted. Judges: Arnold J Citations: [2013] EWHC 2058 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 Jurisdiction: England and Wales Intellectual Property Updated: 04 … Continue reading The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others: ChD 16 Jul 2013

Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 2 May 2012

The claimant record companies sought injunctions to prevent the defendant broadband suppliers allowing access to a website which provided facilties to those wishing to swap materials which infringed the claimants’ copyrights in music. Held: Judges: Arnold J Citations: [2012] EWHC 1152 (Ch) Links: Bailii Statutes: European Parliament and Council Directive 2001/29/EC of 22 May 2001 … Continue reading Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 2 May 2012

Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 20 Feb 2012

The claimants, music copyright holders, sought an injunction against the defendant Internet Service Providers to require them to restrain access to a file-sharing website (TPB). Held: The website was infringing the copyright of the claimants. Judges: Arnold J Citations: [2012] EWHC 268 (Ch), [2012] 3 CMLR 14, [2012] RPC 27, [2013] Bus LR D24, [2012] … Continue reading Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 20 Feb 2012

Football Association Premier League Ltd v QC Leisure and Others: CA 20 Dec 2012

The claimant appealed against rejection of their claim for copyright infringement. The defendant supplied decoders for European satellite feeds to publicans of transmissions of games from Europe wihin the UK. Held: The appeal failed. Judges: Etherton, Lewison, Munby LJJ Citations: [2012] EWCA Civ 1708, [2013] BUS LR 866, [2012] WLR(D) 392 Links: Bailii, WLRD Statutes: … Continue reading Football Association Premier League Ltd v QC Leisure and Others: CA 20 Dec 2012

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

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

Warner Music UK Ltd and Others v Tunein Inc: ChD 1 Nov 2019

Copyright owners’ challenge to alleged infringement by internet radio stations. Judges: Birss J Citations: [2019] EWHC 2923 (Ch), [2020] ECDR 8 Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 20 Jurisdiction: England and Wales Cited by: Appeal from – Tunein Inc v Warner Music UK Ltd and Another CA 26-Mar-2021 . . Lists of … Continue reading Warner Music UK Ltd and Others v Tunein Inc: ChD 1 Nov 2019

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

L Woolley Jewellers Ltd v A and A Jewellery Ltd and Another: CA 31 Jul 2002

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

Temple Island Collection Ltd v New English Teas Ltd and Another: PCC 29 Jul 2011

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

Les Laboratoires Servier and Another v Apotex Inc and Others: PatC 29 Mar 2011

Arnold J considered what kinds of unlawfulness would engage the ex turpi causa principle. Held: a relevant illegality was one which was sufficiently serious in all the circumstances of the case, including in particular whether the illegal act was done with knowledge or deliberately. After reviewing the authorities, he said: ‘The main conclusion which I … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: PatC 29 Mar 2011

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

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

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

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

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

Brooker and Another v Fisher: CA 4 Apr 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

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

Hertfordshire County Council (Decision Notice): ICO 7 Jan 2013

The complainant has requested a WRATE report (a Waste and Resources Assessment Tool for the Environment) submitted to Hertfordshire County Council by Veolia, a waste management company who submitted a bid to manage its waste management functions. The council claim that the information is subject to the exceptions in Regulation 12(5)(c) (intellectual property rights) and … Continue reading Hertfordshire County Council (Decision Notice): ICO 7 Jan 2013

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

R Griggs Group Ltd and others v Evans and others: ChD 2 Dec 2003

An advertising agency was requested to provide a logo. It employed an independent designer. Who owned the copyright, in this case of the AirWair logo? The defendants had taken an assignment of the copyright from the first author. The claimants sought a declaration as to its ownership. Held: It was possible for copyright and trade … Continue reading R Griggs Group Ltd and others v Evans and others: ChD 2 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

Mark Wilkinson Furniture Ltd v Woodcraft Designs (Radcliffe) Ltd: ChD 13 Oct 1997

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

Newspaper Licensing Agency Ltd v Marks and Spencer Plc: CA 26 May 2000

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

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

A Fulton Co Ltd v Grant Barnett and Co Ltd: ChD 2001

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

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

Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

Insufficient Evidence to say Song was Copied S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs. Held: The song was not copied. The defendant had not shown that the claimant knew anything of the defendant’s song ‘Oh Why’. The fact … Continue reading Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

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

Darroch and Another v Football Association Premier League Ltd: CA 2 Dec 2016

The Claimants had had their appeals against conviction for breaches of the 1988 Act set aside, but now appealed against refusal of their costs of defending the action. Sir Brian Leveson, P, Hallett, Burnett LJJ [2016] EWCA Civ 1220 Bailii Copyright, Designs and Patents Act 1988 297 England and Wales Costs, Intellectual Property Updated: 26 … Continue reading Darroch and Another v Football Association Premier League Ltd: CA 2 Dec 2016

Fisher v Brooker and Another: ChD 20 Dec 2006

The claimant said that he had contributed to the copyright in the song ‘A Whiter Shade of Pale’ but had been denied royalties. He had played the organ and particularly the organ solo which had contrbuted significantly to the fame of the record. Held: A fair trial remained possible despite the passage of time. There … Continue reading Fisher v Brooker and Another: ChD 20 Dec 2006

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

Federation Against Copyright Theft Ltd v Ashton: Admn 7 Jun 2013

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

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

B4U Network (Europe) Ltd v Performing Right Society Ltd: CA 16 Oct 2013

Composers had entered an agreement with the respondent, assigning all copyrights in their works to the respondent. The respondent asserted also an equitable assignment of all future works. The appellant asserted that the rights in the particular work had not been assigned, having being written for them. Held: The appeal failed. The relative clause in … Continue reading B4U Network (Europe) Ltd v Performing Right Society Ltd: CA 16 Oct 2013

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

Grisbrook v MGN Ltd and Others: ChD 16 Oct 2009

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

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

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

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

Gilham v Regina: CACD 9 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

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

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

Oren, Tiny Love Limited v Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited: PatC 1 Feb 1999

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 . .

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