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

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

The claimant settled upon a combination of colours to identify its goods. It then began an action against the defendants claiming unregistered design right and artistic copyright in the combination of colours. Held: The mere combination of colours could not be protected in this way. Unregsistered design right did not exist in the juxtaposition of … Continue reading Lambretta Clothing Company Limited v Teddy Smith (UK) Limited, Next Retail Plc: CA 15 Jul 2004

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 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

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

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 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: Mr Justice Miles Citations: [2021] EWHC 410 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 97A Jurisdiction: England and Wales Intellectual Property Updated: 25 September 2022; Ref: scu.658924

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 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 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

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

The claimant magazine publisher alleged breach of copyright by the defendant in their magazine, as to the cover page designs used. It was not clear just which cover was said to have been copied. Held: The first step in a copyright action is for the claimant to identify what work or works he relies on. … Continue reading IPC Media Ltd v Highbury-Leisure Publishing Ltd: ChD 21 Dec 2004

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 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 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

Claim for copyright infringement in designs for badges. Judges: Rimer J Citations: [2007] EWHC 1372 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 51 Jurisdiction: England and Wales Intellectual Property Updated: 05 July 2022; Ref: scu.253463

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

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

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

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 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

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

The respondents published articles including pictures which themselves included the claimant’s logo. The claimant sought damages for breach of copyright. The defendant claimed protection under section 31 on the basis that the inclusion of the marks was incidental. Held: There was no disjunction in principle between the words ‘incidental’ and ‘integral’ within the section. The … Continue reading Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003

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

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

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 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