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Counterfeit stop success for Gucci

Written by Ellis Sweetenham on 21 April 2017

Gucci America, the branch of the major fashion house across the pond, has succeeded in the never-ending battle against online counterfeiters.
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Pirate media players are now banned

Written by Samuel O'Toole on 04 April 2017

Amazon have never expressly allowed the sale of copyright infringing devices, although they had been very easy to find on the online market place.
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Media Player ‘add ons’ linking to unauthorised streaming sites is unlawful.

Written by Mark Reed on 27 March 2017

Filmspeler sold Media Players that allowed people to stream content from websites, which were ‘add ons’ that would redirect users to third party sites. Stichting Brein, who are a Dutch anti-piracy organisation, then sued Filmspeler because they found that the sale of the media players was a communication to the public ostensibly being an infringement of copyright.
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China – Land of the Copycats?

Written by Mustapha Shaldoum on 25 March 2017

Is China developing a new-found interest in intellectual property rights? If so, how does this impact Chinese business owners and businesses around the globe?
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The Premier League has obtained an injunction that is top of the game

Written by Samuel O'Toole on 17 March 2017

The Premier League owns the copyright in the in the television footage of all Premier League matches. Unsurprisingly, they are not happy about the fact that unauthorised live streams of matches are delivered to the public via Kodi and other devices and now the Premier League want to block these live streams in real time.
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Trading Standards: streaming ok?

Written by Samuel O'Toole on 06 March 2017

Derbyshire Council Trading Standards have been discussing all things Kodi and copyright. A spokesperson has said that “Accessing premium paid-for content without a subscription is considered by the industry as unlawful access, although streaming something online, rather than downloading a file, is likely to be exempt from copyright laws,”.
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The law has caught up with TVCatchup

Written by Samuel O'Toole on 06 March 2017

TVCatchup, for almost ten years, has been offering consumers TV content broadcast by ITV, Channel 4 and Channel 5, the only slight issue being that they did not have permission from the rightsholders.
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Deal done Warner Bros and Innovative Artists

Written by Samuel O'Toole on 24 February 2017

The talent agency, Innovative Artists, obtained the screener DVDs legally on behalf of its clients. The disks were then put through ripping software and copied to the talent agency’s own digital distribution platform.
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Beatle battle for copyright recovery in hits

Written by Ellis Sweetenham on 01 February 2017

After a failure by band Duran Duran to recover the rights to songs that they previously had assigned to other party, Paul McCartney of Beatles fame is making an attempt to do the same.
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Google Takedown Requests in 2016

Written by Samuel O'Toole on 16 January 2017

“An individual wrote a negative review of a business on a complaints website. After the business threatened litigation for false allegations, the individual filed a copyright complaint to delist the page containing the review” Google did not delist this URL from Google Search, due to the complaints website’s Terms of Service, the copyright found in published reviews belongs to the complaints website and not the individual that wrote the review.
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EU IPO issues counterfeit warnings

Written by Ellis Sweetenham on 14 December 2016

With more and more people looking for the perfect gift for their loved ones, the window of opportunity for counterfeiters to sell goods to customers in place of the genuine goods grows rapidly.
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Duran Duran US copyright loss

Written by Ellis Sweetenham on 02 December 2016

Duran Duran, 80’s pop group, are said to be ‘saddened and outraged’ at their loss of their fight to reclaim the US copyright rights of their first three albums.
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Hampshire School Faces Copyright Action Threat

Written by Fozia Cheychi on 29 November 2016

Samuel French Ltd- the publishing company that handle the licensing of theatre productions have threatened legal action against Hounsdown School in Totton, Hampshire for their version of the multi- award winning West End and Broadway hit- Blood Brothers.
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Wanted, Alive and in Court

Written by Samuel O'Toole on 17 October 2016

Duco Events, a leading boxing promoter in the Asia Pacific region, has taken to chasing a copyright pirate on Facebook.
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Copyright and Design Right

Written by Michael Coyle on 11 October 2016

Copyright, Design Right, Unregistered Design Right, Registered Design Right..its enough to make you want to lie down in a dark room...in part one we look at Copyright and an artistic work
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Music Copyright Basics

Written by Samuel O'Toole on 10 October 2016

Copyright it a type of intellectual property right that subsists in different types of works. Music involves copyright in many ways, for example, a song may have copyright existing in the actual sound recording, the same song will have copyright in the lyrics and the arrangement of the notes of the music will also be subject to copyright.
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Jay-Z Wins Copyright Battle

Written by Fozia Cheychi on 28 September 2016

The rapper- Jay-Z and his former label partners have emerged victorious after a $7m lawsuit centering on his Roc-A-Fella logo is dismissed.
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Speculative Invoicing begins in Sweden

Written by Thomas Mould on 02 September 2016

Using data gathered by anti-piracy company Excipio, lawyers are about to send users of The Pirate Bay and similar sites demands for infringing copyright asking for a monetary settlement – sound familiar?
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Section 52 CDPA has been repealed

Written by Thomas Mould on 10 August 2016

Section 52 limited the term of copyright protection for industrially exploited artistic works to 25 years from the date of creation but has now been repealed. What affect does this have on businesses?
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Innocent Copyright Infringement?

Written by Thomas Mould on 10 August 2016

Copyright subsists in a work automatically and there is no public register of protected works, it can be difficult to know whether something is protected or not. If in doubt, it is sensible to assume that it is protected and not copy it without permission.
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US copyright law under fire as challenge brought

Written by Ellis Sweetenham on 22 July 2016

The US Digital Millennium Copyright Act has recently come under fire as digital rights group, the Electronic Frontier Foundation have put forward an action deeming parts of the law as unconstitutional.
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ECJ Confirms guidlines for infringement by broadcasting to a new public

Written by Thomas Mould on 07 July 2016

Café, restaurants and hotel and spa operators need licences in place to make sure that they are legally compliant in broadcasting TV and radio programs to their customers. A recent decision of the European Court of Justice confirmed this and considered the guidelines in establishing whether there has been communication to a new public.
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Podcasts- Legal Issues

Written by Thomas Mould on 05 July 2016

If your podcast all your own work, you will own the copyright in the podcast. Many people however, who create podcasts do not realise that they require the consent of the owner of the copyright in any third party material which they include in their podcast. A typical example of this is by using samples of recorded music without the requisite licence in place.
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Pubs watch out- the Premiership is about!

Written by Michael Coyle on 28 May 2016

It was reported as a victory for publications when the case known as the Football Association Premier League Ltd & others vs QC Leisure & Others, was referred to the European Court of Justice (ECJ), and Mrs Murphy had her conviction quashed. There are now many devices available to circumvent right's holder's copyrights and they are getting heavy.
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Google and Fair Use

Written by Michael Coyle on 28 May 2016

Google successfully defended a claim brought by software firm Oracle, which claimed Google had infringed its copyright by using 11,500 lines of Java code in its Android operating system. The case lasted some 6 years.
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Justin Bieber in Copyright Infringement Dispute

Written by Fozia Cheychi on 27 May 2016

Justin Bieber and his producer Skillrex are at the centre of a copyright infringement dispute. The duo are reportedly being sued by American indie singer/songwriter Casey Dienel (aka White Hinderland) over allegations that the vocal loop from her ‘Ring The Bell (2014) was used without permission in Bieber’s hit single ‘Sorry’, and as such infringing the copyright of her song.
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Copyright- Inheritance Consideration

Written by Thomas Mould on 10 May 2016

When individuals make a will, they are forced to consider what items they would like to leave to their love ones, these are normally tangible assets such as their house, car and heirlooms, what is generally not considered is their intangible assets like their intellectual property.
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Copyright Orphan Works

Written by Thomas Mould on 29 April 2016

Orphan works are creative works or performances that are subject to copyright for which the rights holders are unknown or cannot be found. The UKIPO is working hard to find owners or to licence the works to others.
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Ten years for copyright infringement

Written by Michael Coyle on 21 April 2016

The consultation period has ended https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/517528/Government_Consultation_Response_Criminal_Sanctions_-_Accessi....pdf and now the government plans to increase sentencing powers.
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Royalties to improve....

Written by Michael Coyle on 17 April 2016

From 10th April the Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market shall be introduced in to English and Welsh law.
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Fair Dealing and Unauthorised Sports Broadcasts

Written by Thomas Mould on 07 April 2016

The England and Wales Cricket Board (ECB) and Sky successfully brought a claim for copyright infringement in the High Court against the company behind a mobile app that allows the online sharing of short video clips from sports broadcasts.
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A WARNING TO ALL PUB LANDLORDS

Written by Michael Coyle on 21 February 2016

Warning!! The Premier League is coming to a pub near you! We have had a number of calls from publicans who have received letters from the Prem's legal team DLA Piper. So it seems the FAPL is clamping down on non licensed matches....Watch it!!
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Ann Frank and Copyright

Written by Michael Coyle on 13 February 2016

The laws of copyright differ across the world and this has been highlighted in the recent Ann Frank dispute.
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Coyle on BBC iplayer

Written by Thomas Mould on 05 February 2016

Our Mr Coyle was on good form this morning as he was invited on to the Adrian Goldberg show to discuss TCYK
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Online copyright infringement

Written by Michael Coyle on 13 January 2016

Yesterday saw the launch of a new consultation on the proposed changes to the penalties for offences under sections 107(2A) and 198(1A) of the Copyright, Designs and Patents Act 1988 (Penalties for Online Copyright Infringement).
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Monkey Business in the U.S.

Written by Sam O'Toole on 10 January 2016

People for the Ethical Treatment of Animal’s lawsuit in relation to the monkey selfie has been dismissed in a federal court in the U.S.
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Tarantino Copyright Lawsuit

Written by Thomas Mould on 04 January 2016

Tarantino has been sued in America for copyright infringement for infringing the script of "Freedom" for his film Django Unchained.
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17 years for copyright infringement

Written by Michael Coyle on 18 December 2015

Five UK men have been sentenced to some 17 years after pleading to charges of Conspiracy to Defraud. It was claimed by FACT that some £52m were lost in Hollywood revenues
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Copyright Duration

Written by Sam O'Toole on 05 December 2015

From Peter Pan to Adolf Hitler, copyright duration plays a key part in providing revenue or banning re-prints.
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Blizzard to Sue Bot Makers

Written by Thomas Mould on 13 November 2015

Blizzard has started a lawsuit in California against the creators of ‘Bot Services’ A bot service is a computerised service to aid players of games such as World of Warcraft, Diablo III, and Heroes of the Storm to cheat the system. The bot services in question are: HonorBuddy, StormBuddy and DemonBuddy. These bots allow players to gain experience points even when they are away from their PC.
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Yoga Poses - Are they subject to Copyright Protection?

Written by Thomas Mould on 09 November 2015

This case concerned Bikram yoga; a style of yoga developed and popularized by Bikram Choudhury in the late 20th Century. Bikram yoga consists of a sequence of 26 different 'asanas' (poses) and two breathing exercises, conducted in a hot room through a series of instructions.
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Netflix in copyright catch

Written by Ellis Sweetenham on 23 October 2015

Streaming giant, Netflix has landed themselves with a lawsuit for streaming a classic Italian film without the permission of the copyright owner.
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JPEG Format may change to assist rights holders

Written by Thomas Mould on 20 October 2015

The organisation that sets technical standards for the ‘JPEG’ format that creates digital photos, has been considering introducing Digital Rights Management software (DRM) that prevents people from copying or freely distributing any files in that format.
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A move to a digital single market for copyright

Written by Michael Coyle on 14 October 2015

The UKIPO has produced a consultation report on the draft Collective Management of Copyright (EU Directive) Regulations which will transpose Directive 2014/26 (Collective Rights Management Directive) into UK law.
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Jimi Hendrix and his guitar

Written by Michael Coyle on 12 October 2015

Jimi Hendrix's estate is suing a music store owner over a guitar used by the ex great and they want it back.
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One in the eye for the trolls

Written by Michael Coyle on 08 October 2015

In what is the equivalent of a Norwich Pharmacal Order ISPs in the USA must not hand over the real identities of their customers until the Court gives the instruction following a ruling by Judge Locke http://beckermanlegal.com/Lawyer_Copyright_Internet_Law/malibu_doe_edny_151006Order.pdf
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Fighting the Trolls

Written by Michael Coyle on 08 October 2015

Fight the Trolls We specialise in Intellectual Property Law and have done so for over 14 years. Copyright is essentially a right that prevents your creative expression from being copied.
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Banksy Art

Written by Sanjeet Arora Work expereience, University of Wolverhampton on 01 October 2015

IP Infringement and the Fashion Industry

Written by Thomas Mould on 01 October 2015

The production and sale of counterfeit goods in the EU is widespread. This practice costs both the public and legitimate businesses billions of euros a year. The Fashion industry is an industry that is hugely affected by this. What can you do to prevent this?
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Copyright in Tattoos- Exhaustion of rights?

Written by Thomas Mould on 25 September 2015

The issue was recently raised as to the ownership of a tattoo. In most cases a design is chosen and the artist creates. In the UK this would mean that the author and the original copyright holder will be the artist unless further agreement is made to transfer ownership.
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Happy Birthday up for grabs!

Written by Michael Coyle on 24 September 2015

A Judgment handed down this week from the US (which will be subject to an appeal) has ruled that there is no Copyright protection for Happy Birthday
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Sweet success for Lindt in copyright battle with Haribo

Written by Ellis Sweetenham on 24 September 2015

After a number of differing decisions through the appeal routes, a conclusion has been established in the dispute between Lindt and Haribo over the famous Swiss chocolate gold foil covered bear and Haribo’s Gold Bears word mark for their gummy sweets.
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Who is behind the TCYK campaigns

Written by Michael Coyle on 05 September 2015

Lawdit has been assisting many hundreds who have received a letter from the TCYK trolls. The charity fund stands at the time of writing at £18,489.25 which is staggering and a huge thank you to all those who have contributed.....
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PRS to sue SoundCloud

Written by Michael Coyle on 30 August 2015

SoundCloud has some 175 millions users and have operated without music licences until last year.
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Sotheby's v Viscopy Update

Written by Thomas Mould on 28 August 2015

Update on Sotheby's Australia v Viscopy in regards to the advertising for sale of Artwork in an Auction Catalogue
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iTunes Illegal under UK Copyright Law

Written by Thomas Mould on 10 August 2015

The High Court recently overturned private copying exceptions which were introduced last year by the Government. The Intellectual Property Office today explains that ripping a CD in iTunes is no longer permitted, and neither is backing up your computer if it contains copyrighted content.
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Copyright claims honoured by Twitter

Written by Ellis Sweetenham on 28 July 2015

Twitter have issued a number of takedown requests in relation to tweets for which they have received a number of complaints citing copyright infringement of a previous tweet.
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Viscopy v Sotheby's

Written by Thomas Mould on 28 July 2015

Viscopy, the Australian copyright collection agency has begun court proceedings after Sotheby's published images of works of art for sale in their auction catalogues and online without the permission of the artist.
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TYCK LLC, Trolls and a letter of Claim

Written by Michael Coyle on 11 July 2015

Letters have been received from TYCK a US company who earlier this year obtained via a Court Order the personal data relating to Sky. The data it is claimed relates to thousands of IP addresses. The court order ordered SKY to then disclose the names and addresses of these people to TYCK. The latter then writes to the individual ie the person responsible to pay the bill accusing them of copyright infringment.
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"They may take our lives but they'll never take my picture!!"

Written by Michael Coyle on 11 July 2015

Ok so the above quote is not an accurate quote from Mel Gibson's Bravehear romp. But Roy Keane the United warrior and all round hero is suing Paddy Power of the use of an his image on an ad campaign. http://www.theguardian.com/media/greenslade/2015/jul/10/roy-keane-sues-paddy-power-over-braveheart-poster-image#img-1
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Basca Copyright case

Written by Michael Coyle on 07 July 2015

An interesting case was published recently which failed to attract the media's attention. It could have significant implications for rights holders though. So let's see how the Judicial review application pans out! https://www.judiciary.gov.uk/wp-content/uploads/2015/06/basca-v-sofs-bis-judgment.pdf
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French magazine fined for encouraging piracy

Written by Michael Coyle on 30 June 2015

A french court found that a popular magazine had encouraged piracy when it advertised via its magazine the advert “the best software and websites to download for free.” The magazine is “Téléchargement” a compute magazine.
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The Fall in court

Written by Michael Coyle on 01 June 2015

I am a fan of the Fall and Mark E Smith. The great man gave evidence concerning a dispute as to the ownership of the copyright in a song "Touch Sensitive" which was recorded in 1999 from "The Marshall Suite" in 1999.
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Linking and Copyright laws - changes afoot?

Written by Michael Coyle on 13 May 2015

We thought it was all done and dusted when two years ago in the Svensson case the CJEU made it clear that merely linking to content is not copyright infringement. However in a new case that has been referred to the CJEU, it will examine if links to unauthorised versions of content is an infringement.
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Iron Man copied our designs

Written by Aasim Durrani on 25 April 2015

Two comic-book artists have filed a complaint against Marvel on the grounds that the Iron Man designs were copied from their original designs.
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Quick guide to Copyright

Written by Thomas Mould on 16 April 2015

A Quick Guide to COPYRIGHT How do I get Copyright ? One of the most common myths about copyright is that it requires some form of application or other formality such as use of the © symbol. This first element has not been required in the UK since 1911, while use of the latter, although desirable, is not a requirement or securing copyright protection in the UK. The law governing copyright is the Copyright, Designs and Patents Act 1988.
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The Flaws of the American Music Industry

Written by Thomas Mould on 11 April 2015

The American music industry has an outdated royalties system that leads to companies paying too much while others pay too little. This is to the detriment of the song writers and performers who deserve the money the most.
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Porno and Speculative invoicing

Written by Michael Coyle on 14 March 2015

Porn is back on the legal agenda. From 2005 the UK saw an unprecedented number of Letters of Claims being sent out resulting in what the courts have called 'Speculative invoicing'.
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Blurring your lines - ouch!

Written by Theresa Wright on 12 March 2015

A jury in Los Angeles held that 'blurred lines' by Pharrell Williams and Robin Thicke – has infringed the copyright of the 1977 hit Got To Give it up by Marvin Gaye.
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Fashion and Designs

Written by Michael Coyle on 10 March 2015

Lambretta was originally a well-known and successful brand of scooters in the 1960’s and 70’s. Today, Lambretta also make track-tops, shown originally in 200 at Earls Court Fashion Trade Exhibition.
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Copyright extended

Written by Ellis Sweetenham on 13 February 2015

Copyright recap! Copyright owners will be note that following amendments to the Copyright Designs and Patents Act 1988 ('CDPA 1988') the life of their copyright has been increased.
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Netflix blocks access to VPNs

Written by Rehana Ali on 20 January 2015

The online streaming service has confirmed it is utilising measures to stop its customers from illegally accessing services in countries outside the UK.
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Oscar Nominees published. Pirates delight

Written by Michael Coyle on 17 January 2015

As night follows day as soon as the oscar lists are produced - see here- http://oscar.go.com/nominees then the same films are uploaded and the DVDs find themselves on the torrents sites for download. But how?
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Student Cleared in Landmark 3D Movie Piracy Case

Written by Rehana Ali on 15 January 2015

In a unique never before heard case, a student has been cleared of charges that accused him of attempting to make a pirate copy of a 3D movie, on the ground that there was no legal basis for the claim.
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You Tube grows from strength to strength

Written by Michael Coyle on 08 January 2015

It was reported this week that YouTube is growing at such a huge level that the more traditional providers of entertainment must be quaking in their boots You Tube ’s three most popular channels generated just under a billion views in November 2014 - yes- in one month!
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Misconceptions Surrounding Music Copyright

Written by Rehana Ali on 23 December 2014

There is a common misconception that under the Copyright Design Patents Acts 1988 a song contains copyright protection in its entirety, this is partly true however a more accurate statement would be...A song is made up of various different elements that each contain their own individual copyright that may be owned by more than one person.
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Catch 2039 for Orphan Copyright Works

Written by Thomas Mould on 30 November 2014

Museum display cabinets have been left empty this month due to copyright law. This law prevents the display of certain unpublished works until the year 2039. Institutions wanting to exhibit the letters and diaries written by soldiers during the First World War have been caught up in what is being called ‘Catch 2039’.
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File sharing

Written by Michael Coyle on 22 November 2014

How to stop file sharers in the English Courts? By way of an injunction but is there any point? There have been a host of cases concerning the closure of various file sharing websites. The rights holders have been successful at court but the file sharers open up a new website and new domain and on it goes. But aside from going after the file sharing websites - what about going after individuals? In the USA the copyright troll is issuing claims against various individuals and apparently they are quite successful. What about the UK?
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Peppa Pig threatened with court

Written by Michael Coyle on 17 November 2014

An Italian women is threatening court action against BBC TV show Peppa Pig because her surname is Capra. In Italian, capra means goat.
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Copycat car protected by IP?

Written by Ellis Sweetenham on 14 November 2014

The British press was all in a tizzy this week over China's launch of X7 owned by LandWind that resembles the Jaguar's Land Rover.
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The cheek of it!

Written by Michael Coyle on 04 November 2014

Kim Kardashian allegedly seeks advice on protecting her buttocks by way copyright. The Guardian quoted:“Insiders say Kim has sought legal advice to see if they can stop Jen,”
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The cheek of it!

Written by Michael Coyle on 04 November 2014

Kim Kardashian allegedly seeks advice on protecting her buttocks by way copyright. The Guardian quoted:“Insiders say Kim has sought legal advice to see if they can stop Jen,”
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Hola to the Google tax

Written by Michael Coyle on 04 November 2014

The Spanish government last month passed a new copyright law which imposes fees for online content providers ie Google News. It highlights European concerns (Germany and other European countries also sought to impose similar legislation) that Google is piggybacking on the established news providers without actually doing any reporting.
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Jay-Z in copyright dispute

Written by Rehana Ali on 10 October 2014

This summer saw the launch of legal proceedings against famous rapper Shawn Corey Carter (most commonly known by his stage name Jay Z) and record label Roc-A-Fella records.
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UKIPO Allows Digital Backups

Written by Thomas Mould on 06 October 2014

In the UK it is now legal to keep backups of your most important media. Consumers are now allowed to keep their music and movies duplicated on local storage or in the cloud.
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'aving a laugh!

Written by Michael Coyle on 02 October 2014

Changes to UK legislation are to come into force later this week allowing the parody of copyright works. Under current rules, there has been a risk of being sued for breach of copyright if clips of films, TV shows or songs were used without consent. But the new European Copyright Directive will allow the use of the material so long as it is fair and does not compete with the original version. The new law will come into effect on 1 October.
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Music Copyright

Written by Muhammed Poswall on 30 August 2014

The importance of copyright in music law The term copyright is defined as giving the holder of the copyright exclusive rights to do various acts. These rights include the right to copy, share and adapt that work. These rights can be licensed, transferred and/or assigned. Copyright promotes a creative culture and provides for affordable access to content of entertainment for the public. Thus the purpose of the Copyright, Designs and Patents Act 1988 ('CDPA') creates a balance between the interests of those who invest their work and time in creating these works and the interests of those who wish to enjoy works created by others.
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Shakira song copied!

Written by Michael Coyle on 29 August 2014

A New York judge – Alvin Hellerstein has ruled that Shakira's hit song 'Loca' released in 2010 has infringed copyright laws.
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Footie kicks off today but watch out!

Written by Michael Coyle on 16 August 2014

Its 8.00 am and my 11 year old is already glued to the box in anticipation of the new 2014-2015 Premier League season. However the Premier League has already warned fans not to post unofficial videos of goals online after thousands of goals were shared during the World Cup. It would seem fairly clear cut case of copyright infringement but is it?
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Italians get tough on filesharers

Written by Michael Coyle on 10 August 2014

File sharing is a cause for concern across the globe. Italy has recently taken an aggressive stance over illegal file-sharing as an Italian man has just discovered.
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Tattoos - who owns the copyright?

Written by Michael Coyle on 07 August 2014

They are all the rage but when you get a tattoo done, it probably never crosses your mind whether or not you own the copyright-who cares! Well some tattoo artists do and they are raising this issue with their celebrity clients. Are they losing out on royalties?
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Nintendo Co. Ltd v PC Box SRL and 9Net [C-355/12]

Written by Sophie Amos, a Work Experience student at Lawdit Solicitors on 06 August 2014

Nintendo's copyright infringement case that was referred to The European Court of Justice by the Court of Milan, on Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society.
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Who owns your website?

Written by Michael Coyle on 02 August 2014

I do dummy! But do you? As a general rule where a website is created at work the employer will own the website. However a more common scenario is where the website was commissioned by a third party. What then?
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Drastic rise in seizures of counterfeit alcohol

Written by Rehana Ali on 17 June 2014

UK trading standard authorities have reported that seizures of counterfeit alcohol have rocketed over the last five years, statistics suggest that international crime gangs are fuelling consumer demand for cheap alcohol.
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It is ok to browse; no copyright infringment

Written by Michael Coyle on 07 June 2014

Yesterday the ECJ handed down its judgment following a question referred by the UK Supreme Court regarding whether internet browsing is copyright infringement. (Public Relations Consultants Association v Newspaper Licensing Agency and others, Case C-360/13, 5 June 2014. http://curia.europa.eu/juris/document/document.jsf?text=&docid=153302&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=453437) Bottom line is 'what is the fuss all about?'
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Copyright and copying. Can I rip a DVD?

Written by Michael Coyle on 05 June 2014

Can I rip a CD? Following a period of consultation the UK Government has implemented an amendment to the copyright laws by allowing individuals to make copies of DVDs, CDs and other types of media, as long as it’s for personal use.
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Newzbin, on it goes but time running out for the defendants

Written by Michael Coyle on 24 May 2014

The High Court finally ruled on a remarkable case this week and ruled on claims brought by a group of film studios against David Harris, Newzbin websites, and companies said to have been controlled by him, for copyright infringement and conspiracy to injure by unlawful means. Mr Harris, was liable for copyright infringement, and that both he and his corporate co-defendants (companies that he controlled) were liable for conspiracy to injure the claimants by the unlawful means of infringing copyright and defrauding the claimants.
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Watch out rights' holder Zona is here. The reality of the pirates.Whack-a-mole

Written by Michael Coyle on 26 April 2014

Two stories this week highlighted the absurd nature of piracy and the Internet. Last year one episode of Game of Thrones racked up 4,280,000 illegal global downloads for series three. So it was interesting to see the City of London Police's specialist Intellectual Crime Property Unit (PIPCU) seeking to crack down on illegal download websites http://www.bbc.co.uk/newsbeat/26911291 Meanwhile http://zona.ru/ is launched. Its a Russian torrent site and is going to be the benchmark for piracy.
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Copyright protection in User faces

Written by Michael Coyle on 25 April 2014

Copyright protection in Graphic User Interface Under English law the courts are reluctant to provide copyright protection for the interface of a website. Graphic user interfaces are very often relatively generic in that they have navigation bars down the side and across the top with the main source of information in the centre of the page.
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Torture, permission and copyright

Written by Michael Coyle on 24 April 2014

Torture and permission and copyright. The top eleven torture songs courtesy of the CIA. Since the CIA introduced “enhanced interrogation program” in the early 2000s. But I wonder if the Pentagon has a licence for such entertainment!
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Interim Injunctions- First Step to a Solution

Written by Michael Coyle on 20 April 2014

An Interim Injunction is the first step in the legal process, this allows a company to protect its intellectual property rights and halt the production of possible infringing articles while a court properly considers the case.
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New stance taken by rightsholders to combat piracy

Written by Rehana Ali on 15 April 2014

Creative industries are now making efforts to curtail the advertising revenues generated by pirate websites. The previous strategy of pursuing individual file sharers had proven fruitless, rightsholders have now decided it is time to focus on the money.
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New Copyright legislation from June

Written by Michel Coyle on 30 March 2014

Five new regulations are set to become new law in the UK from 1st June 2014. They are all connected with copyright and the exceptions to copyright law. The following draft regulations were issued: •The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 •The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 •The Copyright (Public Administration) Regulations 2014 •The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 •The Copyright and Rights in Performances (Disability) Regulations 2014
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Hyperlinking is legal

Written by Michael Coyle on 08 March 2014

Hyperlinks have always been an issue for the hardcore copyright fans. The Court of Justice of the European Union issued its eagerly awaited decision from the case of Svensson C-466/1
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Prolific Pirate Caught and Jailed

Written by Michael Coyle on 26 February 2014

These were the headlines from the Daily Mail where the most prolific downloader in the UK's history is now facing time in a British Jail. He was jailed for 18 months.
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Twitter Copyright

Written by Michael Coyle on 20 January 2014

When you post a tweet on twitter, who owns the copyright in the tweet. Traditionally the creator of a written work will be the copyright owner but how does this translate in to the world of Twitter?
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The strength of Copyright

Written by Saowanee Kristin, a post- graduate student on work experience at Lawdit on 10 December 2013

This article explores how copyright protection in a two dimensional form can also extend to a three dimensional form.
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Moral rights in copyright

Written by Saowanee Kristin, a post- graduate student on work experience at Lawdit on 03 December 2013

Sometimes the author and the owner of a work of copyright are the same person often they are not. If you are the copyright owner in a work, you will have economic rights to reproduce the work, distribute the work and to perform the work. If you are the copyright author, you have moral rights in the work.
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Copyright its expression stupid!

Written by Michael Coyle on 24 November 2013

Copyright is an unregistered right. It does not give you a monopoly like a patent or a trade mark as you are not protecting the idea, (if so, there would only be one Starbucks (pity!)) but you are protecting in copyright the expression not the idea. Its an important distinction.
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Music copyright

Written by MichaelCoyle on 23 November 2013

Here at Lawdit and at Lawditmusic (http://www.lawditmusic.co.uk/) and following on from my teaching stint at the ACM in Guildford http://www.acm.ac.uk/- I have highlighted some issues surrounding music law...............
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What is copyright

Written by Michael Coyle on 15 November 2013

What is copyright? Copyright is an exclusive intellectual property right which is governed by the Copyright, Designs and Patents Act 1988 ('CDPA'). Here is a dummies' guide to IP by Rachel Pellatt, a Law student at Solent University. Rachel works one day a week at Lawdit.
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Well done Sir Cliff. Changes in copyright law

Written by Michael Coyle on 06 November 2013

Cliff Richard's lobbying pays off. As from 1st November the UK has extended the term of copyright which seeks to protect and extend both sound recordings and performers’ rights from 50 to 70 years after a recording is published. This applies to all records produced from 1963 so it includes 'Congratulations' but not 'Move it'
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Fergie time and Fair dealing

Written by Michael Coyle on 24 October 2013

Sir Alex Ferguson is big news and this week was no exception with his recent book 'My Autobiography' being published which resulted in many more seagulls following the trawler looking for sardines. Copyright in a book lasts for 70 years after the death of the author which in the case of this author ( bearing in mind Fergie time) will probably be 73 years ..(ho ho ho)....anyway read on....
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Copyright licences

Written by Aasim Durrani on 07 October 2013

An overview of the key difference between exclusive and non-exclusive licences under the Copyright, Designs and Patents Act 1988.
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Copyright Infringement

Written by Rehana Ali on 24 September 2013

An overview of copyright infringement with practical examples illustrating the two different types of infringement.
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Copyright reform in the US

Written by Saowanee Kristin, a post- graduate student on work experience at Lawdit on 20 September 2013

The US is undertaking a major reform in the intellectual property system, particularly in the area of copyright.
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Copyright in a website

Written by Saowanee Kristin, a student on work experience at Lawdit on 19 September 2013

Your website is a valuable asset. Its protected by the laws of copyright. Here's why.
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Spotify and Ministry of Sound

Written by Michael Coyle on 05 September 2013

Ministry of Sound have commenced legal action against Spotify for copyright infringement in the High Court of Justice, London.
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Copyright Infringement: The Remedies

Written by Rehana Ali on 04 September 2013

A consideration of the remedies available to a a claimant for the infringement of copyright in line with the Copyright Designs and Patents Act 1988.
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A brief overview on Copyright

Written by Harmeet Anand Work Experience on 22 August 2013

Copyright law can often seem like a long and complicated topic to get a good grasp on. Any form of copyright in the United Kingdom, may it be music or otherwise, is governed mainly by the Copyright, Designs, and Patents Act 1988 (CDPA). With a few exceptions, understanding copyright law can be done by answering six questions:
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Changes to the Copyright Designs and Patents Act 1988

Written by Rehana Ali on 16 August 2013

A number of significant changes are set to come into force this November in relation to performer's copyright. The Copyright and Duration of Rights in Performances Regulations 2013 (SI 2013/1782) are set to come into force in November this year.The Regulations amend the Copyright, Designs and Patents Act 1988 and implement the provisions of the Directive (2011/77/EU) amending the Copyright Term Directive (2006/116/EC).
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Database rights and English law

Written by Michael Coyle on 16 August 2013

Ever wondered how the law protects a database? Read on..... Many IT companies are sitting on a proprietary fortune.... from content management systems to Intranets to websites, database law may apply to you. They are valuable assets which can be licensed and sold like many other assets.
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Getty Images Copyright Infringement Letter???

Written by Rehana Ali on 09 July 2013

If you have received a letter accusing you of copyright infringement, don’t panic, help is at hand... The likelihood is that you have used an image or a photograph taken from the internet and have been displaying this image on your website, innocently believing the image has been purchased in good faith from the owner or maybe has no owner, the reality however may be that this image is the property of an individual or organisation that has not consented to the use of the image.
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Work carried out in the course of employment

Written by Michael Coyle on 01 July 2013

This article discusses work carried out in the course of employment with reference to the case of Stevenson, Jordan & Harrison Ltd v Macdonald & Evans [1952] 1 T.L.R. 101. and the case of Noah v Shuba [1991] F.S.R. 14 and when a work is deemed to be in the course of employment and when it is deemed to be the work of the employee.
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Infringement of copyright and intellectual property rights

Written by Michael Coyle on 20 June 2013

A regulation concerning the enforcement of intellectual property rights (IPR) will be introduced throuhout the EU to replace existing Regulation 1383/2003/EC. The Counterfeit Goods Regulation (1383/2003/EC) seeks to regulate the procedures where custom's officers can impose sanctions against goods suspected of infringing IPRs. The new regs covers both counterfeit and pirated goods and protects all IPRs. It also includes new measures to include the destruction of goods without the need to commence a claim. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2013:170E:0028:0049:EN:PDF
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Copyright litigation. Happy Birthday to sue

Written by Michael Coyle on 17 June 2013

Happy Birthday to…'sue' happy birthday to sue happy birthday dear defendant happy birthday to sue... Is there Copyright in the birthday tune? Well perhaps but stand by for some litigation.......
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Copyright and the Internet

Written by Tom Mould Work Experience June 2013 on 13 June 2013

General discussion on how commonplace the internet has now become, with a look at the difficulties faced by copyright holders.
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ACS Law and Goldeneye a familiar tale

Written by Michael Coyle on 26 May 2013

Many of you will now be familiar with the history of ACS law and its attempts to pressure individuals in to settling copyright cases. We now have a similar campaign waged by a number of pornography companies. Many of whom were successful in appealing a previous decision for O2 to disclose information relating to a Norwich Pharmacal Order. http://www.bailii.org/ew/cases/EWCA/Civ/2012/1740.html
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Are you a photographer?

Written by Michael Coyle on 11 May 2013

Read this excellent Judgment by Judge Birss QC from the Patents County Court JASON SHELDON and DAYBROOK HOUSE PROMOTIONS LIMITED
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Copyright lovers important case

Written by Michael Coyle on 17 April 2013

Its been a long wait but today the UK Supreme Court handed down its judgment in NLA v Meltwater, regaring the scope of copyright protection, temporary copies, and internet browsing. Heavy stuff and quite complicated. The Supreme Court has also referred the important question about the application of copyright law to the technical processes involved in viewing copyright material on the internet to the Court of Justice of the European Union. You can read the case here http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0202_Judgment.pdf
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ECJ Landmark Copyright Ruling

Written by Rehana Ali on 08 March 2013

The ECJ has cleared up uncertainty surrounding the meaning of 'communication to the public' contained in Article 3 (1) Directive 2001/29/EC.
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How important is a design?

Written by Michael Coyle on 09 November 2012

Dahlia Fashion Co Ltd v Broadcast Session Ltd and Karmesh Dhoj Joshi [2012] EWPCC Civ 23 The claimant, Dahlia Fashion Co Ltd, a company who produce designs for clothing sold throughout the UK, claimed Broadcast Sessions Limited and one of its directors, Karmesh Joshi, infringed its unregistered design rights when they sold copies of two of Dahlia’s garments. The pieces refer to the Dahlia Betty Dress and the Dahlia Skort Playsuit. A skort relates to a garment resembling a skirt but is in fact a pair of shorts.
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Software licences

Written by Michael Coyle on 01 November 2012

Software licensing – finding a balance The issue of software licences is an increasing complex issue for many businesses. With an expanding amount of legislation aimed at preventing unlicensed uses and the active role taken by the industry group the Federation Against Software Theft (‘FAST’), keeping track of the usage of software and its licensing terms within a company is now an important part of business practice.
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Beastie Boys says no

Written by Michael Coyle on 14 August 2012

The death of Adam Yauch from the Beastie Boys has resulted in a ban on any of his music being used
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Copyright and freelance work

Written by Owen Ross on 12 June 2012

Discusses the difference between copyright ownership while working as an employee or working in the capacity as a freelancer.
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Copyright and Moral Rights

Written by Michael Coyle on 02 June 2012

Patents County Court considered the rights available to it regarding the use of a photograph used without permission.
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ooooh Betty

Written by Michael Coyle on 29 May 2012

The Patents County Court have refused a written request from Dahlia the owner of a dress called the Betty Dress. It claimed unregistered design right and European Community unregistered design right relating to the dress. The Claimant also claimed that the Second Defendant was personally liable for the acts of his company, the First Defendant.
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3 Quid

Written by Paul Bicknell on 03 May 2012

Former MG Rover employees to receive £3.
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Porn and Copyright

Written by Michael Coyle on 13 April 2012

Porn made the headlines this month as figures were released estimating that 30% of all Internet traffic involves porn. YouPorn for example has more than 100 million page views daily.
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Ireland's largest ISP Eircom out in the cold

Written by Owen Ross on 30 March 2012

Ireland's largest ISP Eircom are the only company in Ireland who have agreed to restrict its customers from file sharing. Its little brother UPC fought the foreign companies demands where Eircom buckled.
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UK citizen subject to US law

Written by Michael Coyle on 17 March 2012

University student Richard O'Dwyer is facing the daunting prospect of extradition to the USA after Home Secretary Theresa May agreed with the US authorities. Mr O'Dwyer hosted the website TVShack.net which provided links to various copyright protected films and TV shows.
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Copyright in a nutshell

Written by Owen Ross on 12 March 2012

This article discusses the essentials of copyright law including remedies for copyright infringement and defences to copyright infringement... in a nutshell!
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Pirate Bay doomed

Written by Michael Coyle on 21 February 2012

A number of claimants including Dramatico, EMI, Polydor, Rough Trade and Warner have successfully argued yesterday six Internet Service Providers in the UK (and the largest)should block the file sharing site
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New 'Code of Conduct' proposed to tackle piracy.

Written by Claire Welling on 20 February 2012

Under new draft guidelines search engines could "de-rank...sites that persistently make available unlicensed content in breach of copyright". The 'Proposal for a Code of Practice' obtained by campaigners, the Open Rights Group, under freedom of information laws, suggests new methods to tackle online piracy, which has been prompted following activity surrounding the Digital Economy Act 2010.
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The end of Sky in pubs?

Written by Michael Coyle on 13 February 2012

Practically this is a victory to the publicans. Although the Judge Kitchin LJ ruled in the Premier League's favour in relation to some of the copyright issues. The judge held that the publican defendants were infringing copyright by communicating the works to the public in breach of section 20 of the Copyright Designs and Patents Act 1988 however they had a defence to infringement in relation to copyright in the films included in the broadcasts in section 72(1)(c) of the CDPA.
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Cut and Paste the Dangers

Written by Michael Coyle on 01 February 2012

In a recent Invalidity Application in the name of Pass J Holdings Ltd in relation to trade mark registration no.2512671 a case came before Geoffrey Hobbs QC sitting as an Appointed Person. The filed mark was declared invalid.
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ACS Law on the way back

Written by Michael Coyle on 07 January 2012

I was on the radio today being interviewed over various listeners complaining that it had received letters purported to be from ACS Law
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ECJ ready to play 'Catch Up'

Written by Michael Coyle on 29 November 2011

The High Court this week set a series of questions to be referred to the ECJ in relation to a dispute over copyright.
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Copyright - Moral Rights

Written by Michael Coyle on 14 September 2011

English law contains detailed provisions for four moral rights. Three are associated with certain copyright works namely;
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International conventions

Written by Ben Evans on 09 September 2011

There are two major international conventions that ensure that signatories have certain minimum provisions to their copyright laws and that authors from other signatory states receive the same treatment and rights as nationals from the original siignatory. This brief note looks at the Berne Convention 1886 ('Berne Convention') and the Universal Copyright Convention 1952 ('UCC').
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ITV and others -v- TV Catch Up Limited [2010] EWHC 3063 (Ch)

Written by Paul Bicknell on 12 January 2011

Case note on failed application for summary judgment by Defendant. Whilst it is accepted by the Claimants that a transmission does not fall within section 6 of the Copyright Designs and Patents Act 1988 ("the Act") a claim may still have a reasonable chance of success at trial in an action under section 20 of the Act.
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The Newspaper Licensing Agency Ltd and Others v Meltwater Holding BV and Others

Written by Michael Coyle on 07 December 2010

Meltwater’s web crawling software crawled through and indexed news sites and provided their users with customised search functions that produced the results which were emailed to the customers. The Newspaper Licensing Agency claimed that the end-users (the trade association of the companies which used Meltwater’s services) required a licence to receive the Meltwater news service without infringing their copyright.
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Copyright Infringement

Written by Jane Coyle on 14 October 2008

Unless copying falls within the scope of one of the copyright exceptions infringement of copyright can occur where either the whole or a substantial part of a work is used without permission.
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Google to Start Scanning Books

Written by Michael Coyle on 09 May 2007

Google said it will soon resume scanning books that have been protected by copyright into its Google Print database, despite two lawsuits charging the company with copyright infringement.
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Proposed Google Book Search Raises Copyright Concerns

Written by Dan Head on 25 May 2005

Search engine giant Google is proposing to introduce a new book search service that would provide the text of library books for users. The project Google Print, was mooted last year and would see the text of millions of books scanned onto a database for reference by Google clients, however publishers have spurned the idea and accused the search engine of Copyright infringement “on a massive scale”.
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The History of Copyright

Written by Michael Coyle on 23 April 2003

Copyright was initially concerned with preventing the unlawful copying of printed material. The law has changed and emerged to prevent a variety of Copyright infringement incidents from the designs on t-shirts to the content on CD's, the law now encompasses an increasing amount of subject matter, and this increase has been accompanied by the acts considered to be regarded as infringement.
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