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 substantial part of the original publication as to give any indication of the published edition. When the typographical arrangement copyright was introduced in 1956, it had not been intended as a protection for newspapers. It was the entire combination of many factors which went to make the look and typographical layout of a newspaper, and not any one or fewer elements.
Judges:
Lord Nicholls of Birkenhead Lord Mackay of Clashfern Lord Hoffmann Lord Hope of Craighead Lord Millett
Citations:
Times 13-Jul-2001, Gazette 31-Aug-2001, [2001] UKHL 38, [2002] RPC 4, [2001] ECDR 28, [2001] ECC 52, [2001] 3 All ER 977, [2003] 1 AC 551, (2001) 24(9) IPD 24055, [2001] 3 WLR 290, [2001] EMLR 43
Links:
Statutes:
Copyright Designs and Patents Act 1988 16(3)(a)
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Cited – Machinery Market Ltd v Sheen Publishing Limited ChD 1983
A newspaper republished advertisements which were in fact copied from a competitor. They blamed their printers.
Held: The plaintiff did own the copyright in the advertisements, and was entilted to an injunction and an account of profits. It . .
Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964
What is substantial copying
The plaintiff alleged copying of their football pools coupons and copyright infringement. The issues were as to the extent of copying required to establish infringement, and whether it was proper to look at the several parts of the work separately. . .
Cited – British Leyland Motor Corporation Ltd v Armstrong Patents Co Ltd HL 1986
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 . .
Cited – 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 . .
Cited by:
Appealed to – 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 . .
Cited – Coffey v Warner Chappell Music Ltd, Warner Music UK Ltd and EMI Music Publishing Ltd ChD 16-May-2005
The singer had recorded a song, ‘Forever After’. She sought damages in copyright saying that a later recording by the defendants titled ‘Nothing Really Matters’ was infringing, having copied elements of the voice expression of her own performance, . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 04 June 2022; Ref: scu.162913