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Acts

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IPC Media Ltd v Highbury-Leisure Publishing Ltd: ChD 21 Dec 2004

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

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

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

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

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

A Fulton Company Limited v Totes Isotoner (UK) Limited: CA 4 Nov 2003

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

Phonographic Performance Ltd v AEI Rediffusion Music Ltd: ChD 14 Jul 1997

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

Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000

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

Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd: ChD 23 Mar 2005

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

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

Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001

The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He complained of breach of copyright. Held: The claim succeeded. The VC granted a final injunction against any further infringement and … Continue reading Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001

Hyde Park Residence Ltd v News Group Newspapers Ltd et Al: ChD 19 May 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. It was a current event. Citations: Gazette 19-May-1999 Statutes: Copyright Designs and Patents Act 1988 30(2) 97 Jurisdiction: England and … Continue reading Hyde Park Residence Ltd v News Group Newspapers Ltd et Al: ChD 19 May 1999

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

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

Pasterfield v Denham: ChD 1999

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

Volumatic Ltd v Myriad Technologies Ltd: ChD 10 Apr 1995

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

Taylor v Rive Droite Music Ltd: ChD 6 Jul 2004

The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation self contradictory as to its term. Held: The court had first to try to read … Continue reading Taylor v Rive Droite Music Ltd: ChD 6 Jul 2004

Ocular Sciences Ltd v Aspect Vision Care Ltd: ChD 11 Nov 1996

The freedom for a claimant in registered design right to frame his claim, as to whether he asserts an infringement of the entire design, or limits it to the section infringed, is important. Laddie J said: ‘This means that the proprietor can trim his design right claim to most closely match what he believes the … Continue reading Ocular Sciences Ltd v Aspect Vision Care Ltd: ChD 11 Nov 1996

Alan Kenneth McKenzie Clark v Associated Newspapers Ltd: PatC 21 Jan 1998

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

Scholes Windows Ltd v Magnet Ltd: CA 11 Apr 2001

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

BBC Enterprises Ltd v Hi-Tech Xtravision Ltd: HL 1991

The BBC’s appeal failed. Section 228 of the 1988 Act is intended to protect those who do no more than re-broadcast or retransmit, while not necessarily being copyright owners of a broadcast in their own right. Citations: (1991) 21 IPR 461, [1991] 3 WLR 1, [1992] RPC 167, [1991] 3 All ER 257, [1991] 2 … Continue reading BBC Enterprises Ltd v Hi-Tech Xtravision Ltd: HL 1991

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

IPC Magazines Limited v MGN Limited: ChD 1998

The court interpreted the word ‘incidental’ in the section as meaning ‘casual, inessential, subordinate or merely background’ Richard McCombe QC [1998] FSR 431 Copyright Designs and Patents Act 1988 31 England and Wales Cited by: Cited – Football Association Premier League Ltd and others v Panini UK Ltd CA 11-Jul-2003 The respondents published articles including … Continue reading IPC Magazines Limited v MGN Limited: ChD 1998

Sawkins v Hyperion Records Limited: ChD 5 Jul 2004

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

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

Hyperion Records Ltd v Sawkins: CA 19 May 2005

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

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

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

Sony Music Entertainment (Uk) Limited, Sony Music Entertainment Inc , Polydor Limited, Umg Recordings Inc , Virgin Records Limited v Easyinternetcafe Limited: ChD 28 Jan 2003

The claimant sought damages from the defendants who ran an internet cafe where its visitors downloaded files from the Internet and then copied the files onto CDs, so infringing copyrights owned by the claimants.
Held: The defendants were not . .