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
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
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
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 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
An authorisation to broadcast sound recording included right to make back up tapes, but not to keep that back up beyond 28 days. Broadcasters are bound by an obligation to destroy copies of material which had been used for broadcast within 28 days unless a licence given otherwise. Citations: Times 14-Jul-1997, Gazette 23-Jul-1997 Statutes: Copyright … Continue reading Phonographic Performance Ltd v AEI Rediffusion Music Ltd: ChD 14 Jul 1997
The use of an injunction to prevent the use of copyrighted recordings was not to be misused to obtain recovery for past unlicensed playing. Citations: Times 14-Jul-1997 Statutes: Copyright Designs and Patents Act 1988 Jurisdiction: England and Wales Cited by: Appeal from – Phonographic Performance Limited v Maitra and Others CA 3-Feb-1998 An injunction without … Continue reading Phonographic Performance Ltd v Maitra and Others: ChD 14 Jul 1997
Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was … Continue reading Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000
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
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 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
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
The defendant had admitted copying B’s drawings and designs for the creation of a nebulizer. To assist its election on damages, B sought preparation of details of the sales including costs and sale prices. When B also sought statutory damages, M said that having omitted it from the statement of claim, it was too late … Continue reading Brugger v Medic-Aid Ltd: PatC 1996
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
The claimants, representatives of musicians complained of the scheme in section 28B of the 1988 Act: ‘creating an exception to copyright based upon personal private use. Henceforward, any person who legitimately acquires content (music, film, books) can copy that work for his or her own private use without infringing copyright. It can be copied onto … Continue reading British Academy of Songwriters, Composers and Authors and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 19 Jun 2015
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
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
The claimant had edited ancient music scores so as to be ready for performance for the defendant. He asserted a copyright. The defendants argued that the contribution was too little to create a copyright. Held: To succeed Dr Sawkins had to establish that each of his editions is an original musical work. The argument that … Continue reading Sawkins v Hyperion Records Limited: ChD 5 Jul 2004
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
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
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
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 . .
The owners of copyright in drawings of ‘Popeye, the Sailor’ sued importers of ‘Popeye’ dolls and other toys. The defendants contended that the copyright in the original work had been lost by the operation of section 22 of the 1911 Act because the . .
A wall plaque was published before 1950. Its design was an original artistic work but was produced for the purpose of reproduction by an industrial process. It was not registered as an industrial design under the applicable designs legislation . .
Novelty was claimed in shape or configuration of the brassiere the subject of the registration. Held; Under the law of registered designs, the designer had to state in what respect he claimed novelty – was it shape, configuration pattern or . .
The design in question consisted of a drawing or picture of a nipple, such as was used for the purpose of lubricating the bearings of automobiles. It was submitted for the plaintiff that if a design had utility, it might still be registered under . .
The order at first instance was discharged ‘without prejudice to any question so that it cannot be used as a precedent’ . .
A drawing of a letter could be both the subject matter of copyright and protected under the Patents and Designs Act 1907. . .
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