| 1 | New customs enforcement regulation adopted The European Parliament and the Council of the EU have adopted a new regulation on customs enforcement of intellectual property rights. | Legal update: archive | 18-Jun-2013 |
| 2 | IPO publishes new copyright exceptions for review The Intellectual Property Office has published for review new exceptions for private copying, parody, quotation and public administration, following its consultation on reform of copyright law, in the light of the Hargreaves review. | Legal update: archive | 12-Jun-2013 |
| 3 | Modernising copyright: Council debates modernisation of ... On 29 May 2013, the Competitiveness Council held a public debate on the modernisation of copyright laws. In particular, the debate focused on the copyright framework across the digital single market, the different national policies on private copying levies, and the collective management of copyright and multi-territorial licensing of online music. | Legal update: archive | 12-Jun-2013 |
| 4 | BIS announces implementation dates for copyright provisions ... BIS has published commencement timetables for the Enterprise and Regulatory Reform Act 2013, giving expected implementation dates for most of its copyright-related provisions. | Legal update: archive | 11-Jun-2013 |
| 5 | First copyright infringement notification period under Digital ... The government has indicated that the first notification period under the Digital Economy Act 2012 will not start until the second half of 2015. | Legal update: archive | 11-Jun-2013 |
| 6 | IPO publishes factsheet on extended collective licensing and ... The UK Intellectual Property Office has published a factsheet giving details of planned measures for the licensing of orphan works and collective extended licensing, both of which will be permitted under the Enterprise and Regulatory Reform Act 2013. | Legal update: archive | 11-Jun-2013 |
| 7 | SDNY Reconsiders MP3tunes in Light of Second Circuit's ... On May 14, 2013, the US District Court for the Southern District of New York (SDNY) issued an opinion in Capitol Records, Inc. v. MP3tunes, LLC granting in part motions to reconsider its October 25, 2011 Memorandum and Order in light of the US Court of Appeals for the Second Circuit's decision in Viacom International, Inc. v. YouTube, Inc. Most notably, the SDNY granted the plaintiffs' motion for reconsideration as to the issue of willful blindness and red flag knowledge. | Legal update: archive | 17-May-2013 |
| 8 | BIS second call for evidence as part of the review of the ... On 16 May 2013, BIS issued a second call for evidence as part of the government's review of the balance of competences between the UK and the EU. | Legal update: archive | 16-May-2013 |
| 9 | IPO seeks views on WIPO plans to give visually impaired and ... The UK Intellectual Property Office is to hold an open meeting to discuss WIPO's draft legal instrument on copyright limitations and exceptions for visually impaired people and people with print disabilities. | Legal update: archive | 14-May-2013 |
| 10 | Righthaven Lacks Standing to Sue for Copyright Infringement ... In Righthaven LLC v. Hoehn, the US Court of Appeals for the Ninth Circuit held that Righhaven lacked standing to sue in two copyright infringement suits because it only owned the bare right to sue for infringement, which is not an exclusive right under the Copyright Act. Additionally, the Ninth Circuit vacated the district court's grant of summary judgment on fair use in one of the suits. | Legal update: archive | 14-May-2013 |
| 11 | Enterprise and Regulatory Reform Act 2013: copyright aspects The Enterprise and Regulatory Reform Act 2013, which received Royal Assent on 25 April 2013, has now been published. It includes a number of significant copyright-related provisions. | Legal update: archive | 08-May-2013 |
| 12 | Second Circuit Clarifies Transformativeness Standard for ... In Cariou v. Prince, the US Court of Appeals for the Second Circuit held that the district court imposed an incorrect legal standard when it concluded that for a secondary work to qualify as a fair use, it must comment on the original artist, the original works or popular culture. The Second Circuit reversed the district court's grant of summary judgment to the plaintiff, and held that as a matter of law 25 of the defendant's works were protected as a fair use and remanded to the district court to determine whether five other works are entitled to a fair use defense. | Legal update: archive | 26-Apr-2013 |
| 13 | NY Appellate Court Holds DMCA Safe Harbor Inapplicable to ... In UMG Recordings, Inc. v. Escape Media Group, Inc., the NY Supreme Court, Appellate Division reversed a NY Supreme Court, New York County decision denying UMG's motion to dismiss Escape Media Group's affirmative defense that the DMCA's safe harbor provisions shielded it from infringement claims concerning pre-February 15, 1972 sound recordings. The NY Supreme Court, Appellate Division held that the DMCA does not cover these sound recordings. | Legal update: archive | 25-Apr-2013 |
| 14 | Counterfeiting: European Commission Report on functioning ... On 18 April 2013, the European Commission adopted a Report on the functioning of the Memorandum of Understanding on the Sale of Counterfeit Goods via the Internet. This voluntary Memorandum of Understanding was signed by industry on 4 May 2011 and sets out a series of joint principles including effective measures to prevent offers of counterfeit goods from being listed on internet platforms. | Legal update: archive | 23-Apr-2013 |
| 15 | District of New Jersey: Joinder Appropriate in BitTorrent Case The US District Court for the District of New Jersey held in Malibu Media, LLC v. John Does 1-11 that joinder of multiple John Doe defendants was appropriate in a copyright infringement action alleging unauthorized copying of works through the BitTorrent protocol. | Legal update: archive | 23-Apr-2013 |
| 16 | SDNY Again Finds in Favor of YouTube on Remand On April 18, 2013, in Viacom v. YouTube, the US District Court for the Southern District of New York granted the renewed motion for summary judgment in favor of the defendants, YouTube, Inc and Google, Inc., and held that the Digital Millennium Copyright Act's (DMCA) safe harbor provisions protected the defendant service providers. The case was before the SDNY on remand from the US Court of Appeals for the Second Circuit. | Legal update: archive | 22-Apr-2013 |
| 17 | PRS for Music modernises commercial radio licence PRS for Music, the body responsible for collecting royalties for the use of musical works, has announced a revised form of licence for commercial radio stations. | Legal update: archive | 17-Apr-2013 |
| 18 | IPO publishes response to consultation on implementing ... The Intellectual Property Office has published its response to its consultation on implementing Directive 2011/77/EU which amends the Copyright Term Directive (2006/116/EC) and extends the term of copyright for sound recording to 70 years (among other things). | Legal update: archive | 16-Apr-2013 |
| 19 | Perpetual License Grant Award Did Not Exceed Arbitrator's ... In Timegate Studios, Inc. v. Southpeak Interactive, L.L.C., the US Court of Appeals for the Fifth Circuit reversed a district court's decision to vacate an arbitrator's license-modifying award granting a licensee a perpetual intellectual property license, finding that this remedy furthered the essence of the parties' video game joint development agreement. | Legal update: archive | 16-Apr-2013 |
| 20 | General Court partially annuls CISAC decision On 12 April 2013, the General Court handed down its rulings in the actions brought by the International Confederation of Societies of Authors and Composers (CISAC) and 21 of its collecting society member associations against a European Commission decision finding that contracts between them infringe Article 101(1) of the TFEU. | Legal update: archive | 12-Apr-2013 |
| 21 | Extension of Legal Deposit Libraries Act 2003 to non-print ... The Legal Deposit Libraries (Non-Print Works) Regulations 2013, which extend the Legal Deposit Libraries Act 2003 to non-print media, came into force on 6 April 2013. | Legal update: archive | 09-Apr-2013 |
| 22 | Drafting DMCA Takedown Notices This Legal Update provides guidance and drafting tips for takedown notices under the Digital Millennium Copyright Act (DMCA). | Legal update: archive | 02-Apr-2013 |
| 23 | SDNY: ReDigi's Digital Music Resale Service Not Protected by ... In Capitol Records, LLC v. ReDigi, Inc., the US District Court for the Southern District of New York held on summary judgment that ReDigi's operation of a digital music service that allowed users to upload and resell their purchased music files infringed Capitol's reproduction and distribution copyrights. The court rejected ReDigi's defense that it was protected by the first sale doctrine. | Legal update: archive | 02-Apr-2013 |
| 24 | Second Circuit Affirms Denial of Preliminary Injunction Against ... In American Broadcasting Cos. v. AEREO, Inc., the US Court of Appeals for the Second Circuit affirmed the denial of the plaintiff television production and broadcasting companies' motion for a preliminary injunction against AEREO, Inc., which was based on their claim that Aereo's transmissions of television programming over its internet playback platform were public performances in violation of the plaintiffs' copyrights. | Legal update: archive | 02-Apr-2013 |
| 25 | Copyright Office to Host Public Hearing on Federal Resale ... The US Copyright Office announced it would host a public hearing to discuss issues relating to the consideration of a federal resale royalty right. | Legal update: archive | 28-Mar-2013 |
| 26 | Library e-lending review and government response published A review of e-lending in libraries in England and the government's response to it have been published. | Legal update: archive | 28-Mar-2013 |
| 27 | Government gives funding to kick-start Copyright Hub Lord Younger, the intellectual property minister, has announced that the government is to give £150,000 funding to kick-start the Copyright Hub. | Legal update: archive | 26-Mar-2013 |
| 28 | Mobile Media Messaging Networks Neither Vicariously Nor ... In Luvdarts, LLC v. AT&T Mobility, LLC, the US Court of Appeals for the Ninth Circuit affirmed the district court's dismissal of Luvdarts's complaint under Federal Rules of Civil Procedure Rule 12(b)(6) for failure to state a claim. Luvdarts sued mobile wireless carriers seeking to hold them vicariously or contributorily liable for copyright infringements allegedly committed by users of the carriers' mobile networks. | Legal update: archive | 26-Mar-2013 |
| 29 | BitTorrent Websites Contributorily Liable for Copyright ... In Columbia Pictures Industries v. Fung, the US Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment to Columbia Pictures and other plaintiff film studios based on a record of undisputed evidence that Fung's BitTorrent file-sharing websites contributorily infringed the studios' copyrights by inducing third parties to download the studios' works. The Ninth Circuit also affirmed the summary dismissal of Fung's DMCA safe harbor defenses and remanded the case for the district court's issuance of a modified permanent injunction prohibiting Fung from further inducing the infringement of the plaintiff studios' copyrighted works. | Legal update: archive | 25-Mar-2013 |
| 30 | SDNY Rejects Online Clipping Service's Fair Use Defense In Associated Press v. Meltwater US Holdings, Inc., the US District Court for the Southern District of New York granted summary judgment in favor of The Associated Press, holding that the defendant online news clipping company's reports featuring AP news story excerpts sold to subscribers constituted copyright infringement and not permissible fair use. | Legal update: archive | 25-Mar-2013 |
| 31 | IPO announces changes to intellectual property mediation ... The UK IPO has announced changes to its mediation service for disputes involving registered and unregistered intellectual property, designed to increase its appeal to small and medium-sized enterprises. | Legal update: archive | 21-Mar-2013 |
| 32 | Order containing revised list of countries protected by CDPA ... The Copyright and Performances (Application to Other Countries) Order 2013 (SI 2013/536) has been laid before Parliament. It includes a revised consolidated schedule of the protection afforded to countries by the Copyright, Designs and Patents Act 1988. | Legal update: archive | 19-Mar-2013 |
| 33 | Supreme Court: Copyright "First Sale" Doctrine Applies to ... In Kirtsaeng v. John Wiley & Sons, Inc., the US Supreme Court held that the first sale doctrine applies to copies of copyrighted works lawfully made and purchased outside the US and then imported for resale in the US without the permission of the copyright owner. | Legal update: archive | 19-Mar-2013 |
| 34 | Ninth Circuit Aligns with Second Circuit on DMCA Safe Harbor ... In UMG Recordings, Inc. v. Shelter Capital Partners, Inc., the Ninth Circuit Court of Appeals withdrew its December 20, 2011 opinion and filed a superseding opinion, which is largely the same but clarifies the reasoning supporting its decision that the Section 512(c) safe harbor provision of the Digital Millennium Copyright Act (DMCA) applied to Veoh Networks insulating it from copyright liability based on its users' activity. | Legal update: archive | 18-Mar-2013 |
| 35 | New practice direction for scale costs in Patents County Court ... The new practice direction for scale costs in Patents County Court proceedings has been published as part of the Civil Procedure (Amendment) Rules 2013 which come into force on 1 April 2013. | Legal update: archive | 27-Feb-2013 |
| 36 | Copyright Office Seeks Further Public Comment on Potential ... The US Copyright Office has made a third request for public comment on the topic of adjudicating small copyright claims. The Copyright Office is specifically seeking additional comments on possible alternatives to the current legal system to improve the adjudication of small copyright claims. | Legal update: archive | 25-Feb-2013 |
| 37 | Amendments to scale costs in Patents County Court claims ... Amendments to the scale costs in Patents County Court claims have been published as part of the Civil Procedure (Amendment) Rules 2013. | Legal update: archive | 14-Feb-2013 |
| 38 | Patents County Court holds singer's performance rights ... The Patents County Court has held that a record company infringed a singer's rights by making copies of her performance and issuing those copies to the public without her consent, contrary to sections 182A and 182B of the Copyright, Designs and Patents Act 1988. (Henderson v All Around the World Recordings Ltd and another [2013] EWPCC 7, 13 February 2013.) | Legal update: archive | 14-Feb-2013 |
| 39 | European Commission launches discussions on online ... The European Commission has launched a programme of discussions entitled "Licences for Europe" with the objective of finding ways to simplify the online licensing and distribution of copyright works across Europe. | Legal update: archive | 11-Feb-2013 |
| 40 | Copyright in the digital era: European Commission launches ... On 4 February 2013, the European Commission launched the "Licences for Europe" initiative which aims to promote copyright licences, as a next step in maintaining traditional copyright in light of new digital technologies. | Legal update: archive | 07-Feb-2013 |
| 41 | California District Court Hands Victory to Ray Charles's ... In The Ray Charles Foundation v. Robinson, the US District Court for the Central District of California, Western Division, decided in favor of Ray Charles's children allowing them to proceed with their attempt to terminate Ray Charles's transfer of certain of his copyrights to the Foundation. | Legal update: archive | 04-Feb-2013 |
| 42 | Private copying and reprography levies: European ... On 31 January 2013, the EU Mediator, António Vitorino, presented his Recommendations resulting from the mediation process on private copying and reprography levies to Commissioner Barnier. In November 2011, Commissioner Barnier entrusted António Vitorino, former Commissioner for Justice and Home Affairs, with the task of presiding over a stakeholder dialogue on private copying and reprography levies. | Legal update: archive | 01-Feb-2013 |
| 43 | European Commission-appointed mediator presents ... The mediator appointed by the European Commission to lead the process of stakeholder talks on copyright levies has presented his recommendations to the Commission. | Legal update: archive | 31-Jan-2013 |
| 44 | High Court applies ECJ ruling in computer software copyright ... The High Court has rejected all but one of the claimant's claims in its copyright infringement action against the defendant's alternative software (and has confirmed its provisional conclusions in its initial judgment), following the ECJ ruling on the protection given to non-textual software. (SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch), 25 January 2013.) | Legal update: archive | 29-Jan-2013 |
| 45 | Private copying levies: António Vitorino to present ... António Vitorino is expected to present Recommendations on private copying levies to the European Commission on 31 January 2013. | Legal update: archive | 25-Jan-2013 |
| 46 | Commercial Use of Photos on Twitter is Copyright ... In Agence France Presse v. Morel, the US District Court for the Southern District of New York held that it is copyright infringement for a news agency to remove photographs posted to Twitter and license them to others, rejecting the news agency's argument that Twitter's terms of service permitted this use. | Legal update: archive | 21-Jan-2013 |
| 47 | Copyright Fair Use A discussion of the fair use doctrine under US copyright law. This Legal Update includes links to resources that provide an overview of the constitutional basis and policy rationales for the fair use doctrine, the Copyright Act's provisions governing fair use and practical and strategic issues counsel should consider in advising clients on and litigating fair use. | Legal update: archive | 15-Jan-2013 |
| 48 | IPO consults on implementation of Directive extending ... The Intellectual Property Office has issued a consultation on proposals for the implementation of Directive 2011/77/EU which amends Directive 2006/116/EC on the term of copyright and certain related rights. | Legal update: archive | 07-Jan-2013 |
| 49 | California District Court Rejects SDNY's ABC v. Aereo ... In Fox Television Stations, Inc. v. Aereokiller, LLC, the US District Court for the Central District of California refused to adopt the US District Court for the Southern District of New York's reasoning in American Broadcasting Cos. v. Aereo, Inc., and granted the plaintiff television production and broadcasting companies' request for a preliminary injunction in this copyright infringement action. | Legal update: archive | 02-Jan-2013 |
| 50 | Court of Appeal dismisses decoder cards appeal The Court of Appeal has dismissed an appeal by the Football Association Premier League that various public house owners and licensees had no defence to copyright infringement under section 72(1)(c) of the Copyright, Designs and Patents Act 1988 in relation to films. (Football Association Premier League Ltd and others v QC Leisure and others [2012] EWCA Civ 1708, 20 December 2012.) | Legal update: archive | 20-Dec-2012 |
| 51 | Government announces changes to copyright exceptions The government has published the second part of its response to a public consultation on reform of copyright law, addressing copyright exceptions and a new system of IPO notices to clarify copyright law. | Legal update: archive | 20-Dec-2012 |
| 52 | Commission Communication refocusing the Digital Agenda On 18 December 2012, the European Commission issued a Communication setting seven new priorities for the Digital Agenda for Europe. | Legal update: archive | 18-Dec-2012 |
| 53 | Copyright: European Commission outlines way forward for ... On 5 December 2012, the European Commission announced that it had agreed on two parallel tracks of action for modernising copyright in the digital economy: the immediate launch of a stakeholder dialogue in 2013 and, further ahead, the completion of the relevant market studies, impact assessment and legal drafting work with a view to a decision in 2014 on whether to table legislative reform proposals. | Legal update: archive | 14-Dec-2012 |
| 54 | European Observatory on Infringements of Intellectual ... The European Observatory on Infringements of Intellectual Property Rights has published its 2013 work programme online. | Legal update: archive | 13-Dec-2012 |
| 55 | New regime for rights of audience for patent and trade mark ... The Intellectual Property Regulation Board (IPREG) has published details of the new regime for rights of audience and rights of litigation for registered patent attorneys and trade mark attorneys, which will come into force on 1 January 2013. | Legal update: archive | 13-Dec-2012 |
| 56 | IPO report on codes of conduct for collecting societies The Intellectual Property Office has published a report it commissioned on codes of conduct for collecting societies, which looks at the code adopted in Australia and other European models, in the light of plans to introduce a code in the UK. | Legal update: archive | 11-Dec-2012 |
| 57 | Ghana ratifies WIPO Performances and Phonograms Treaty Ghana has ratified the WIPO Performances and Phonograms Treaty. | Legal update: archive | 27-Nov-2012 |
| 58 | Resale Right Directive: European Parliament adopts non ... On 20 November 2012, the European Parliament plenary session adopted a non-legislative Resolution on the European Commission Report on the implementation and effects of Directive 2001/84/EC (Resale Right Directive). The Resale Right Directive aims to ensure that authors of graphic and plastic works of art share in the economic success of their original works of art and to harmonise the application of the right across the EU. | Legal update: archive | 23-Nov-2012 |
| 59 | CLA introduces revised licence for media monitoring agencies The Copyright Licensing Agency has issued a new form of copyright licence for use by media monitoring agencies. | Legal update: archive | 20-Nov-2012 |
| 60 | Ofcom report on levels of online copyright infringement Ofcom has published the first in a series of statistical reports on online copyright infringement by users in the UK, following a recommendation contained in the Hargreaves review of intellectual property. | Legal update: archive | 20-Nov-2012 |
| 61 | DC Circuit Vacates Restitution Award in Criminal Copyright ... In US v. Fair, the US Court of Appeals for the District of Columbia Circuit vacated the district court’s order directing Fair to pay $743,098.99 in restitution to Adobe Systems, Inc. for illegally selling pirated copies of Adobe software. | Legal update: archive | 19-Nov-2012 |
| 62 | PCC interprets copyright assignment The Patents County Court has ruled on the extent to which an agreement assigned copyright in existing, as well as future, works. (Wilkinson v London SHA [2012] EWPCC 48, 14 November 2012.) | Legal update: archive | 14-Nov-2012 |
| 63 | Copyright Office Allows Electronic Filing for Group ... The US Copyright Office announced interim rules allowing groups of related serial issues to be filed electronically. The rules go into effect on November 8, 2012. | Legal update: archive | 07-Nov-2012 |
| 64 | CLA publishes code of conduct The Copyright Licensing Agency has published a code of conduct regulating its dealings with its licensees and other users of copyright. | Legal update: archive | 06-Nov-2012 |
| 65 | Orphan Works Directive published in EU Official Journal The Orphan Works Directive (2012/28/EU) has been published in the EU Official Journal. | Legal update: archive | 01-Nov-2012 |
| 66 | Orphan works: Directive published in Official Journal On 27 October 2012, Directive 2012/28/EU of the European Parliament and of the Council on certain permitted uses of orphan works was published in the Official Journal. | Legal update: archive | 31-Oct-2012 |
| 67 | Copyright Office Exempts Five Classes of Works from DMCA ... The US Copyright Office announced a new rule designating five classes of copyrighted works exempted from the Digital Millenium Copyright Act's anti-circumvention provisions. The rule goes into effect on October 28, 2012. | Legal update: archive | 30-Oct-2012 |
| 68 | Government publishes minimum standards for UK collecting ... The government has published minimum standards for UK collecting societies designed to underpin the self-regulatory framework. | Legal update: archive | 24-Oct-2012 |
| 69 | Copyright Office Seeks Public Comments on Orphan Works ... The US Copyright Office has released a notice of inquiry that seeks public comments on the various issues related to orphan works, specifically addressing recent legal and business changes that might be relevant. The Copyright Office also seeks comments on possible legislative, regulatory or voluntary solutions. | Legal update: archive | 23-Oct-2012 |
| 70 | Laches Bars Prospective Injunctive Relief in Copyright ... In Evergreen Safety Council v. RSA Network, the US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment dismissing RSA’s copyright infringement claim on grounds of laches. This case is notable for the Ninth Circuit’s holding that RSA's laches barred the availability of prospective injunctive relief. | Legal update: archive | 22-Oct-2012 |
| 71 | Copyright Office Extends Comment Period on Resale Royalty ... The US Copyright Office is extending the public comment period for its September 19, 2012 Notice of Inquiry requesting comments on a possible federal resale royalty right. | Legal update: archive | 15-Oct-2012 |
| 72 | Universities' Mass Book Digitization Project is Copyright Fair ... In Authors Guild, Inc. v. HathiTrust, the US District Court for the Southern District of New York held that the defendant universities' mass digitization of the plaintiff authors' copyrighted works for the HathiTrust Digital Library is a transformative fair use under Section 107 of the Copyright Act. | Legal update: archive | 15-Oct-2012 |
| 73 | DCMS panel issues call for evidence on e-lending in libraries An independent panel established by the Department for Culture, Media and Sport has issued a call for evidence on a review of the best ways of making electronic books available to the public in libraries in England. | Legal update: archive | 12-Oct-2012 |
| 74 | Vanuatu accedes to Berne Convention The Republic of Vanuatu has acceded to the Berne Convention for the Protection of Literary and Artistic Works. | Legal update: archive | 11-Oct-2012 |
| 75 | Patents County Court rules copyright in woollen fabric design ... The Patents County Court has ruled that the claimant's copyright in a design of woollen plaid fabric called "Skye Sage" for upholstery and furnishing was infringed by the defendants' "Spring Meadow" fabric. (Abraham Moon & Sons Ltd v Thornber and others [2012] EWPCC 37, 5 October 2012.) | Legal update: archive | 10-Oct-2012 |
| 76 | Scottish Court of Session finds company director jointly liable ... The Scottish Court of Session has ruled that a company director was jointly liable for infringement of copyright in recordings of classical music issued through the defendant company's website. (Naxos Rights International Ltd v Project Management (Borders) Ltd and Salmon [2012] CSOH 158.) | Legal update: archive | 09-Oct-2012 |
| 77 | Malaysia accedes to WIPO Copyright Treaty Malaysia acceded to the WIPO Copyright Treaty. | Legal update: archive | 08-Oct-2012 |
| 78 | Orphan works: Council adopts Directive On 4 October 2012, the Employment and Social Policy Council adopted a Directive establishing a legal framework aimed at improving access to and digitisation of orphan works across the EU. It follows an agreement with the European Parliament at first reading. | Legal update: archive | 04-Oct-2012 |
| 79 | Godfather Breach of Contract Claims Not Preempted by ... In Paramount Pictures Corp. v. Puzo, the US District Court for the Southern District of New York held that the Copyright Act did not preempt Mario Puzo's estate's counterclaim for breach of contract based on the implied covenant of good faith under a copyright assignment agreement. The estate asserted the counterclaim in a dispute over whether certain publication rights were granted to Paramount or reserved by Puzo. | Legal update: archive | 01-Oct-2012 |
| 80 | PCC decides moral rights case The Patents County Court has found that certain published changes to a photograph infringed the photographer's moral rights. (Emma Delves-Broughton v House Of Harlot Ltd [2012] EWPCC 29, 18 May 2012.) | Legal update: archive | 20-Sep-2012 |
| 81 | PCC declines to transfer software copyright infringement case ... The Patents County Court has dismissed an application to transfer a software copyright infringement claim to the High Court. (Destra Software Ltd v Comada (UK) LLP and others [2012] EWPCC 39, 11 June 2012.) | Legal update: archive | 20-Sep-2012 |
| 82 | Copyright Office Seeks Public Comment on Resale Royalty ... The US Copyright Office has made a request for public comment on the topic of resale royalty rights for visual artists. The Copyright Office specifically seeks comments on the means by which visual artists exploit their works under current law and the possible issues when considering a federal resale royalty right in the US. | Legal update: archive | 19-Sep-2012 |
| 83 | Government responds to Commons Committee report on ... The government has published its response to the House of Commons Business, Innovation and Skills Committee's report on the Hargreaves Review of Intellectual Property. | Legal update: archive | 19-Sep-2012 |
| 84 | Online distribution of audiovisual works: European Parliament ... On 11 September 2012, the European Parliament plenary session adopted an own initiative Resolution on the online distribution of audiovisual works in the EU. | Legal update: archive | 17-Sep-2012 |
| 85 | Copyright Office Extends Comment Period for Small Claims ... The US Copyright Office is extending the period for public comment in response to its August 23, 2012 Notice of Inquiry requesting comments on issues relating to remedies for small copyright claims. | Legal update: archive | 14-Sep-2012 |
| 86 | Orphan works: European Parliament adopts Directive at first ... On 13 September 2012, the European Parliament endorsed at first reading an agreement reached on 6 June 2012 with the Council on a proposed Directive on orphan works. | Legal update: archive | 13-Sep-2012 |
| 87 | Eighth Circuit Reinstates $222,000 Statutory Damages Award ... In Capitol Records, Inc. v. Thomas-Rasset, the US Court of Appeals for the Eighth Circuit vacated the district court's judgment reducing statutory damages for willful copyright infringement to $54,000 and remanded the case with directions to enter a judgment for damages in the amount of $222,000. The Eighth Circuit also issued an injunction preventing Thomas-Rasset from making any of plaintiff's copyrighted works available for distribution online. | Legal update: archive | 11-Sep-2012 |
| 88 | Ninth Circuit Adopts Three-prong Test for Determining Works ... In U.S. Auto Parts Network, Inc. v. Parts Geek, LLC, the US Court of Appeals for the Ninth Circuit joined other circuits in adopting the Restatement (Second) of Agency's three-prong test for determining whether a copyrightable work is created by an employee within the scope of employment, and therefore a work made for hire owned by the employer. | Legal update: archive | 05-Sep-2012 |
| 89 | Laches Bars "Raging Bull" Copyright Infringement Claim ... In Paula Petrella v. Metro-Goldwyn-Mayer, the US Court of Appeals for the Ninth Circuit held that laches barred copyright infringement claims brought by an owner of copyrights in books and screenplays underlying the film Raging Bull. In a holding that underscores the circuit split on the availability of a laches defense in copyright cases, the Ninth Circuit found that MGM successfully demonstrated expectations-based prejudice and met its three-element laches test. | Legal update: archive | 04-Sep-2012 |
| 90 | Second Circuit Affirms Copyright Infringement Preliminary ... In WPIX, Inc. v. ivi, Inc., the US Court of Appeals for the Second Circuit affirmed the district court's grant of a preliminary injunction for WPIX and other broadcasting company plaintiffs against ivi, Inc.'s streaming television service. The court rejected ivi's defense that its streaming internet television service was a cable system under Section 111 of the Copyright Act. | Legal update: archive | 28-Aug-2012 |
| 91 | Copyright Office Seeks Public Comment on Potential Small ... The US Copyright Office has made a second request for public comment on the topic of adjudicating small copyright claims. The Copyright Office is specifically seeking comments on how a potential small copyright claims system would be structured and function. | Legal update: archive | 22-Aug-2012 |
| 92 | Gossip Magazine's Publication of Secret Wedding ... In Monge v. Maya Magazines, Inc., the US Court of Appeals for the Ninth Circuit held that a Spanish-language gossip magazine's publication of previously unpublished photographs of a secret celebrity wedding was not fair use. In this August 14, 2012 copyright infringement decision, the court held that the publication of the photographs, which provided additional proof of this newsworthy event, was not fair use because, among other reasons, the magazine's use of the photographs was not sufficiently transformative, was for a commercial purpose and substantially harmed the potential market for the photographs. | Legal update: archive | 21-Aug-2012 |
| 93 | Seventh Circuit Limits Inverse-Ratio Rule in Copyright ... In Peters v. West, the US Court of Appeals for the Seventh Circuit affirmed a district court decision that the hip-hop artist Kanye West did not infringe the plaintiff's copyrighted work. Notably, the court rejected the use of the inverse-ratio rule for copyright infringement to allow weaker proof for similarity between the allegedly infringing work and the original based on the accused infringer's strong proof of access to the original. | Legal update: archive | 20-Aug-2012 |
| 94 | Operator of Surfthechannel website given four-year sentence ... Anton Vickerman, the former operator of the Surfthechannel website which offered links to infringing copies of TV shows and films posted in jurisdictions where it is difficult to enforce copyright, has been sentenced in the Crown Court to four years in prison for conspiracy to defraud. | Legal update: archive | 15-Aug-2012 |
| 95 | Video-sharing Website Not Liable for Contributory Copyright ... In the case of Flava Works, Inc. v. Marques Rondale Gunter, the US Court of Appeals for the Seventh Circuit vacated and remanded a district court's grant of a preliminary injunction for Flava Works on its copyright infringement claims. It found insufficient evidence that myVidster's online video-sharing service was liable for contributory infringement. The Seventh Circuit applied the Supreme Court's eBay standard for injunctive relief where there is no presumption of irreparable harm. | Legal update: archive | 07-Aug-2012 |
| 96 | Hooper report recommends creation of Copyright Hub In the second phase of the government-commissioned review into a digital copyright exchange following the Hargreaves review of intellectual property, Richard Hooper and Dr Ros Lynch have recommended the creation of a UK-based Copyright Hub. | Legal update: archive | 31-Jul-2012 |
| 97 | High Court considers transfer of IP rights in bridging-finance ... The High Court has ruled in favour of the claimant, Quick Draw LLP, in a dispute concerning bridging finance for the 2011 Michael Jackson Forever tribute concert. The court upheld Quick Draw's claim that it had acquired intellectual property rights in relation to the concert by way of security for the loan. (Quick Draw LLP v Global Live Events LLP and others, [2012] EWHC 2105 (Ch), 30 July 2012.) | Legal update: archive | 30-Jul-2012 |
| 98 | Divisional Court quashes warrants relating to sale of foreign ... The Divisional Court has quashed warrants granted to Trading Standards officers relating to sale of foreign decoder cards. (The Queen on behalf of Vuciterni and another v Brent Magistrates' Court and another [2012] EWHC 2140 (Admin), 25 July 2012.) | Legal update: archive | 26-Jul-2012 |
| 99 | Enterprise and Regulatory Reform Bill as amended in ... The government has published a new draft of the Enterprise and Regulatory Reform Bill, showing the amendments made by the Public Bill Committee. | Legal update: archive | 25-Jul-2012 |
| 100 | Patents County Court rules in favour of photographer in ... The Patents County Court has found in favour of a photographer in a case involving the commissioning of photographs for a magazine. (Celebrity Pictures Ltd and another v B Hannah Ltd [2012] EWPCC 32, 19 July 2012.) | Legal update: archive | 19-Jul-2012 |
| 101 | PhonepayPlus consults on prior permission for information ... PhonepayPlus is consulting on extending its prior permission regime to information, connection and signposting services following complaints about promotion of these services, particularly on internet search engines. | Legal update: archive | 19-Jul-2012 |
| 102 | SDNY Denies Copyright Infringement Preliminary Injunction ... In American Broadcasting Cos. v. AEREO, Inc., the US District Court for the Southern District of New York denied the plaintiff television production and broadcasting companies' motion for a preliminary injunction against AEREO, Inc., which was based on their claim that Aereo's transmissions of television programming over its internet playback platform were public performances in violation of the plaintiffs' copyrights. The SDNY relied on the Second Circuit's decision in Cartoon Network LP v. CSC Holdings, Inc. (Cablevision) in ruling that, because Aereo's creation and transmission of single-user-only copies of television programs was not a "public" performance under Sections 101 and 106(4) of the US Copyright Act, the plaintiffs failed to show a likelihood of success on the merits of their copyright infringement claim. | Legal update: archive | 16-Jul-2012 |
| 103 | European Commission adopts proposal for Directive on ... The European Commission has adopted a proposal for a Directive on collective rights management and multi-territorial licensing of rights in musical works for online uses. (Free access.) | Legal update: archive | 12-Jul-2012 |
| 104 | Music copyright: European Commission adopts proposal for ... On 11 July 2012, the European Commission adopted a proposal for a Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the Internal Market. | Legal update: archive | 11-Jul-2012 |
| 105 | Collective rights management: European Commission to put ... The European Commission announced on 6 July 2012 that it would put forward on 11 July 2012 a proposal for a Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the Internal Market. | Legal update: archive | 06-Jul-2012 |
| 106 | Copyright Office Files New Rule for Registration of Automated ... On July 6, 2012, the Copyright Office filed its final rule for deposit requirements for registration of automated databases that consist predominantly of photographs. Under this new rule, when a registration is made for a database consisting predominantly of photographs, and the copyright claim extends to individual photographs, each of those photographs must be included as part of the deposit accompanying the application. | Legal update: archive | 06-Jul-2012 |
| 107 | ECJ rules on exhaustion of rights in downloaded software and ... The ECJ has ruled on the extent to which the distribution right in downloaded software might be exhausted and opined that purchasers of software licences cannot rely on the exhaustion principle to create new software copies. (UsedSoft GmbH v Oracle International Corp, Case C-128/11, 3 July 2012.) | Legal update: archive | 05-Jul-2012 |
| 108 | Government announces copyright policy following ... The government has published a policy statement in the light of its consultation on modernising the copyright system, which indicates its intention to introduce legislation as soon as possible on orphan works, voluntary extended collective licensing and codes of conduct for collecting societies. (Free access.) | Legal update: archive | 04-Jul-2012 |
| 109 | Commons Committee publishes report on Hargreaves Review The House of Commons Business, Innovation and Skills Committee has published its report on the Hargreaves Review of Intellectual Property. | Legal update: archive | 28-Jun-2012 |
| 110 | Ofcom consults on copyright infringement notification scheme ... Ofcom has issued a consultation on the allocation of costs relating to the copyright infringement notification scheme that is due to come into operation under provisions of the Digital Economy Act 2010. | Legal update: archive | 28-Jun-2012 |
| 111 | Ofcom publishes revised code on ISPs' initial obligations ... Ofcom has published a revised code of practice to underpin the initial obligations imposed on internet service providers to reduce online copyright infringement by the Digital Economy Act 2010. (Free access.) | Legal update: archive | 28-Jun-2012 |
| 112 | Omega v. Costco: Costco Awarded Attorneys' Fees After ... In Omega S.A. v. Costco Wholesale Corp., the US District Court for the Central District of California awarded Costco $396,844.17 in attorneys' fees after having granted Costco's previous motion for summary judgment based on a copyright misuse defense. | Legal update: archive | 28-Jun-2012 |
| 113 | WIPO adopts Beijing Treaty on audiovisual performances WIPO members have adopted the Beijing Treaty on Audiovisual Performances. | Legal update: archive | 27-Jun-2012 |
| 114 | Copyright Office Clarifies Policy on Registration of ... The Copyright Office issued a statement of policy dated June 18, 2012 to clarify its practices relating to the examination and registration of claims in compilations. The Copyright Office will refuse registration of a compilation unless it falls within at least one of the categories listed in Section 102(a) of the Copyright Act. Specifically excluded are compilations of exercises, including yoga sequences, and simple dance routines. | Legal update: archive | 22-Jun-2012 |
| 115 | AG gives opinion on plant variety data questions The Advocate General has given an opinion in a case in which questions as to the scope of the obligation of a provider of seed-processing services to provide information to the holder of a Community plant variety right were referred to the ECJ. (Raiffeisen Waren-Zentrale Rhein-Main eG v Saatgut-Treuhandverwaltungs GmbH, Case C 56/11, 14 June 2012.) | Legal update: archive | 21-Jun-2012 |
| 116 | Government publishes summary of responses to copyright ... The government has published a summary of the responses to its consultation on proposals to modernise the copyright system, which was launched following the Hargreaves review of intellectual property. | Legal update: archive | 19-Jun-2012 |
| 117 | Rate Courts May Consider Direct Licensing Programs When ... In Broadcast Music, Inc. v. DMX, Inc., the US Court of Appeals for the Second Circuit affirmed the US District Court for the Southern District of New York's decisions in parallel copyright rate court proceedings. In both cases, the district court took into account the existence of direct licenses when setting the rate a performing-rights organization (PRO) may charge a commercial music service to use the PRO's catalog of musical works. | Legal update: archive | 15-Jun-2012 |
| 118 | Legal Aid, Sentencing and Punishment of Offenders Act 2012 ... The government has been given the power under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to remove or amend the caps on fines that magistrates' courts can impose for criminal offences. | Legal update: archive | 12-Jun-2012 |
| 119 | Fourth Circuit Adopts Predicate-act Doctrine to Affirm ... In Tire Engineering and Distribution, LLC v. Shandong Linglong Rubber Co., the US Court of Appeals for the Fourth Circuit affirmed a district court decision that two foreign entities were liable under the Copyright Act and for conversion under Virginia law. This decision is notable for its adoption of the predicate-act doctrine allowing damages for foreign copyright infringement stemming from domestic infringement. | Legal update: archive | 11-Jun-2012 |
| 120 | Informal agreement reached on proposed orphan works ... An agreement has been reached between the European Parliament and the European Council on the proposed Directive on orphan works. | Legal update: archive | 11-Jun-2012 |
| 121 | Clean and open internet: European Commission consults on ... On 4 June 2012, the European Commission launched a public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries. | Legal update: archive | 08-Jun-2012 |
| 122 | South Park's Use of Viral Video Was Fair Use: Seventh Circuit In Brownmark Films, LLC v. Comedy Partners, the US Court of Appeals for the Seventh Circuit affirmed the district court order granting Comedy Partners' motion to dismiss Brownmark's copyright infringement suit based on the fair use affirmative defense. The Seventh Circuit also expressed favor in extending the incorporation-by-reference doctrine to audio-visual works. | Legal update: archive | 08-Jun-2012 |
| 123 | Oracle v. Google: District Court Holds Command Structure of ... In Oracle America, Inc. v. Google Inc., the US District Court for the Northern District of California, holding that the command structure, sequence and organization (including headers and definitions) of 37 of Oracle's Java API packages were not copyrightable, dismissed Oracle's copyright infringement claim. The court's decision in this case of first impression is noteworthy for highlighting the boundaries between patent and copyright and marking the functionality-based limits of copyright protection for software. | Legal update: archive | 05-Jun-2012 |
| 124 | European Commission consults on notice and take-down ... The European Commission has issued a consultation paper on the procedures for notifying and acting on illegal content hosted by online intermediaries. Note: On 5 September 2012, the deadline for responding to this consultation was extended until 11 September 2012. | Legal update: archive | 04-Jun-2012 |
| 125 | SDNY Certifies Class and Denies Motion to Dismiss in Google ... In Authors Guild v. Google, Inc., the US District Court for the Southern District of New York denied Google's motions to dismiss the copyright claims of the Authors Guild and various other author and artist organizations for lack of standing and granted the Authors Guild's representative plaintiffs' motion for class certification. | Legal update: archive | 04-Jun-2012 |
| 126 | PRS announces music licensing exemption for Diamond ... PRS for Music, the body responsible for collecting royalties for the use of musical works, has announced a licensing exemption for the playing of music at certain community events associated with the Queen's Diamond Jubilee 2012. | Legal update: archive | 31-May-2012 |
| 127 | Enterprise and Regulatory Reform Bill 2012-13: copyright and ... An update on the copyright and design aspects of the Enterprise and Regulatory Reform Bill 2012-13. (Free access.) | Legal update: archive | 24-May-2012 |
| 128 | High Court dismisses claim for harassment and misuse of ... The High Court has dismissed a claim brought by Carina Trimingham, the partner of politician Chris Huhne, for harassment under the Protection from Harassment Act 1997, infringement of the right to privacy of photographs under the Copyright, Designs and Patents Act 1988, and infringement of the right to respect for private life contrary to the European Convention on Human Rights. (Trimingham v Associated Newspapers Ltd [2012] EWHC 1296 (QB).) | Legal update: archive | 24-May-2012 |
| 129 | Removal of cap on fines on summary conviction The Legal Aid, Sentencing and Punishment of Offenders Act 2012 has been given Royal Assent and will remove the £5,000 cap on fines that can be handed down in the Magistrates' Court. | Legal update: archive | 24-May-2012 |
| 130 | Copyright Act Preempts State Law Private Performance ... On May 21, 2012, in WNET v. Aereo, Inc., the US District Court for the Southern District of New York granted Aereo's motion for judgment on the pleadings on the plaintiffs' unfair competition claim. The plaintiffs brought the claim as an alternative to its copyright infringement claims, if the district court decides that Aereo's retransmission of broadcast television signals from New York area television stations over the internet to Aereo subcribers involves private performances, rather than public performances protected under the Copyright Act. | Legal update: archive | 22-May-2012 |
| 131 | District Court Strikes Down California Resale Royalties Act In Estate of Robert Graham v. Sotheby's Inc., the US District Court for the Central District of California determined that the California Resale Royalties Act violates the Commerce Clause and struck down the entire statute as unconstitutional. | Legal update: archive | 22-May-2012 |
| 132 | Publication of a Recorded Earnings Conference Call is Fair ... In Swatch Group Management Services Ltd. v. Bloomberg L.P., the US District Court for the Southern District of New York determined that the defendant's publication of the plaintiff's recorded earnings conference call was fair use under Section 107 of the Copyright Act. | Legal update: archive | 18-May-2012 |
| 133 | Copyright Office Discontinues Form CO for Copyright ... On May 16, 2012, the US Copyright Office annouced that it is discontinuing the use of Form CO, the Application for Copyright Registration. | Legal update: archive | 16-May-2012 |
| 134 | Copyright Royalty Board Proposes Compulsory License Rates ... On May 17, 2012, the Copyright Royalty Judges published proposed rules setting the complusory license rates and terms for mechanical and digital phonorecords under Section 115 of the Copyright Act. | Legal update: archive | 16-May-2012 |
| 135 | District Court Rules on University's Use of Copyrighted ... In Cambridge University Press v. Becker, the US District Court for the Northern District of Georgia issued an order evaluating the unlicensed use of copyrighted excerpts in Georgia State University's electronic course reading system and the university's related copyright policy. The decision is noteworthy for its detailed analysis of digital licensing practices and fair use in the academic context, and the court's application of a bright-line threshold for permitted use. | Legal update: archive | 15-May-2012 |
| 136 | District Court Rules a Joint Author May Unilaterally Terminate ... On May 7, 2012, in Scorpio Music S.A. v. Willis, the US District Court for the Southern District of California granted the defendant's motion to dismiss. At issue were several songs by the Village People and whether a joint author who separately transferred his copyright interest may unilaterally terminate that grant under Section 203 of the Copyright Act's termination and recapture provisions. | Legal update: archive | 10-May-2012 |
| 137 | High Court grants Pirate Bay blocking orders against ISPs Arnold J has granted injunctions against five UK internet service providers requiring them to block access to the Pirate Bay website, under section 97A of the Copyright, Designs and Patents Act 1988. (Dramatico Entertainment Ltd and others v British Sky Broadcasting Ltd and others [2012] EWHC 1152 (Ch), 2 May 2012.) | Legal update: archive | 03-May-2012 |
| 138 | EDPS warns ACTA could threaten privacy and data protection ... The European Data Protection Supervisor has warned that measures in the the Anti-Counterfeiting Trade Agreement to enforce intellectual property rights in the digital environment could threaten privacy and data protection if not properly implemented. | Legal update: archive | 26-Apr-2012 |
| 139 | Advocate General considers exhaustion of rights in ... Advocate General Bot has considered the extent to which the distribution right in downloaded software might be exhausted and opined that purchasers of software licences cannot rely on the exhaustion principle to create new software copies. (Bierbach, administrator of UsedSoft GmbH v Oracle International Corp, Case C-128/11, 24 April 2012.) (Free access.) | Legal update: archive | 25-Apr-2012 |
| 140 | ECJ rules on access to retained communications data for ... The ECJ has given a preliminary ruling on questions referred to it on the legality of a Swedish law that allows intellectual property rights-holders to obtain access, for enforcement purposes, to communications data that has been retained for the purposes of the investigation, detection and prosecution of serious crime under the provisions of the Data Retention Directive. (Bonnier Audio AB and others v Perfect Communication Sweden AB, Case C-461/10, 19 April 2012.) (Free access.) | Legal update: archive | 19-Apr-2012 |
| 141 | Music Industry Settlement Creates New Compulsory Licensing ... On April 10, 2012, the parties to In re Matter of Adjustment or Determination of Compulsory License Rates for Making and Distributing Phonorecords filed a motion with the Copyright Royalty Board to adopt their settlement relating to rates and terms under Section 115 of the Copyright Act for all physical and digital phonorecord deliveries. | Legal update: archive | 12-Apr-2012 |
| 142 | Second Circuit Reinstates Viacom v. YouTube, Addressing ... On April 5, 2012, in Viacom v. YouTube, the US Court of Appeals for the Second Circuit reinstated Viacom's billion dollar copyright infringement litigation against YouTube. In its decision the court addressed the contours of safe harbor protection for online service providers under the Digital Millenium Copyright Act (DMCA). | Legal update: archive | 06-Apr-2012 |
| 143 | Injury Rule Governs the Accrual of Copyright Infringement ... In Urbont v. Sony Music Entertainment, the US District Court for the Southern District of New York held that the injury rule applies to determine the accrual of an infringement claim under the Copyright Act of 1976. | Legal update: archive | 02-Apr-2012 |
| 144 | USPTO and NIST Announce New IP Awareness Assessment ... The USPTO and National Institute of Standards and Technology (NIST) Manufacturing Extensions Partnership (MEP) announced in a press release the launch of a new web-based IP Awareness Tool designed to help manufacturers, small businesses, entrepreneurs and independent investors evaluate their intellectual property, including copyrights, patents, trademarks and trade secrets. | Legal update: archive | 30-Mar-2012 |
| 145 | Copyright Office Proposes New Fee Schedule On March 28, 2012, the Copyright Office announced a proposed new fee schedule for registering claims, recording documents, special services, Licensing Division services and Freedom of Information Act requests. | Legal update: archive | 28-Mar-2012 |
| 146 | Hooper report concludes copyright licensing needs to be ... In the first report of the independent feasibility study commissioned by the government into developing a Digital Copyright Exchange, Richard Hooper has recommended that copyright licensing needs to be made easier and cheaper to use to support the UK's digital economy. | Legal update: archive | 28-Mar-2012 |
| 147 | Government responds on IP small claims track The government has responded to the results of its call for evidence on introducing a small claims track into the Patents County Court. | Legal update: archive | 27-Mar-2012 |
| 148 | Enforcement of intellectual property rights: Council adopts ... The Transport, Telecommunications and Energy Council, on 22 March 2012, adopted a Regulation on entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights. The OHIM, which is the trade marks and designs office of the EU, will carry out new tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the EU institutions in the fight against infringements of intellectual property rights. | Legal update: archive | 26-Mar-2012 |
| 149 | All-Party IP group launches inquiry into government's role in IP ... The All-Party Intellectual Property group has launched an inquiry into the government's role in protecting and promoting intellectual property. | Legal update: archive | 19-Mar-2012 |
| 150 | Order containing revised list of countries protected by CDPA ... The Copyright and Performances (Application to Other Countries) Order 2012 (SI 2012/799) has been laid before Parliament. It includes a revised consolidated list of the protection afforded to countries by the Copyright, Designs and Patents Act 1988. | Legal update: archive | 19-Mar-2012 |
| 151 | Anti-Counterfeiting Trade Agreement: European Commission ... In the face of a mounting wave of criticsim as to the manner in which the Anti-Counterfeiting Trade Agreement (ACTA) has been negotiated, the European Commission on 22 February 2012 announced that it had decided to refer ACTA to the European Court of Justice.On 13 February 2012 the Commission had published a Q&A document on "Transparency of ACTA negotiations (Anti-Counterfeiting Trade Agreement)". The European Parliament will hold a public workshop on the Agreement on 1 March 2012. | Legal update: archive | 22-Feb-2012 |
| 152 | Enforcement of intellectual property rights: European ... The European Parliament adopted its position at first reading on a proposed Regulation entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Infringements of Intellectual Property Rights. | Legal update: archive | 17-Feb-2012 |
| 153 | Copyright Tribunal interim decision in Meltwater v NLA dispute The Copyright Tribunal has given its interim decision in the dispute between the media monitoring service Meltwater and the Newspaper Licensing Agency. (Meltwater Holding BV v Newspaper Licensing Agency, CT 114/09, 14 February 2012.) Note: the Tribunal gave its final decision on this matter, dealing mainly with licence fee rates, on 15 May 2012. | Legal update: archive | 15-Feb-2012 |
| 154 | ECJ confirms rules on first ownership of copyright and related ... The ECJ has issued a preliminary ruling on questions referred to it by the Austrian courts relating to first ownership of exploitation rights and the right to fair compensation in cinematographic copyright works. (Martin Luksan v Petrus van der Let, Case C-277/10, 9 February 2012.) | Legal update: archive | 09-Feb-2012 |
| 155 | Copyright First Sale Doctrine Does Not Apply Where OEM ... In Adobe Systems Inc. v. Hoops Enterprise LLC, the US District Court for the Northern District of California held that Adobe's distribution of certain software to original equipment manufacturers (OEMs) was a license, not a sale of the software. Relying on Vernor v. Autodesk, the District Court found that the copyright first sale doctrine was unavailable as a defense to Adobe's claims of copyright infringement against third parties who subsequently resold the software without authorization. | Legal update: archive | 07-Feb-2012 |
| 156 | High Court agrees to make declaration of invalidity under ... On 3 February 2012, the High Court handed down a judgment, following a ruling from the ECJ on the compatibility with EU law of territorial exclusivity agreements relating to football broadcasting rights (Football Association Premier League Ltd & Ors v QC Leisure & Ors 2012] EWHC 108 (Ch)). | Legal update: archive | 03-Feb-2012 |
| 157 | EU countries sign Anti-Counterfeiting Trade Agreement On 26 January 2012, representatives of 22 EU countries signed the Anti-Counterfeiting Trade Agreement, but the European Parliament has still to approve it before it enters into force. | Legal update: archive | 01-Feb-2012 |
| 158 | IFPI publishes 2012 digital music report The International Federation of the Phonographic Industry has published its annual digital music report for 2012. | Legal update: archive | 31-Jan-2012 |
| 159 | EESC opinion on European Commission's new strategy for IP ... The European Economic and Social Committee has published an opinion on the European Commission's 2011 communication setting out a new strategy for intellectual property rights. | Legal update: archive | 24-Jan-2012 |
| 160 | Call for evidence on Patents County Court small-claims ... The IPO has issued a call for evidence on the planned small-claims service for intellectual property cases in the Patents County Court. | Legal update: archive | 23-Jan-2012 |
| 161 | Scottish appeal court allows press access to photographs of ... The Scottish criminal appeal court, the High Court of Justiciary, has allowed the BBC access to photographs of a child taken by his mother, who was later convicted of his murder, and has rejected her claims for copyright infringement and privacy. (BBC v Kimberley Mary Hainey [2012] HCJDV 10, 12 January 2012.) | Legal update: archive | 23-Jan-2012 |
| 162 | Patents County Court considers whether copyright in ... The Patents County Court has held that the defendants' image infringed the claimant's copyright in its photograph consisting of a red London bus travelling across Westminster Bridge with a monochrome background. (Temple Island Collections Ltd v New English Teas Ltd and another [2012] EWPCC 1, 12 January 2012.) | Legal update: archive | 18-Jan-2012 |
| 163 | Supreme Court Upholds URAA Providing Copyright Protection ... In its January 18, 2012 opinion in Golan v. Holder, the US Supreme Court upheld Section 514 of the Uruguay Round Agreements Act (URAA), which restores copyright protection to certain foreign works in the public domain. The Court held, 6-2, that Section 514 does not violate the Copyright Clause or the First Amendment of the US Constitution. | Legal update: archive | 18-Jan-2012 |
| 164 | Copyright Royalty Board Begins Determination of Rates for ... The Copyright Royalty Board has begun public proceedings to determine the reasonable rates and terms for making ephemeral recordings of sound recordings for later transmission by entities that transmit performances of sound recordings to businesses. | Legal update: archive | 06-Jan-2012 |
| 165 | Call for evidence on copyright licensing and digital copyright ... Richard Hooper, who was appointed in November 2011 to lead an independent feasibility study on developing a digital copyright exchange to facilitate copyright licensing as proposed in the Hargreaves report, has issued a call for evidence as part of the study. | Legal update: archive | 05-Jan-2012 |
| 166 | Copyright Office Publishes Report on Protection of Pre-1972 ... The US Copyright Office has published a report recommending that Congress enact legislation to bring sound recordings made before February 15, 1972 under federal copyright protection. | Legal update: archive | 04-Jan-2012 |
| 167 | European Commission progress report on Digital Agenda: IP ... The European Commission has published its first annual progress report on the Digital Agenda for Europe, including time estimates for progress on various measures relating to intellectual property and online security. | Legal update: archive | 04-Jan-2012 |
| 168 | Laos accedes to Berne Convention The Lao People's Democratic Republic has acceded to the Berne Convention for the Protection of Literary and Artistic Works. | Legal update: archive | 28-Dec-2011 |
| 169 | Ninth Circuit Upholds DMCA Safe Harbor for Online Video ... In UMG Recordings, Inc. v. Shelter Capital Partners, Inc., the Ninth Circuit Court of Appeals affirmed the district court's summary judgment ruling that Section 512(c) of the Digital Millennium Copyright Act (DMCA) (the system storage safe harbor) insulated Veoh Networks from copyright liability resulting from acts of its users. | Legal update: archive | 28-Dec-2011 |
| 170 | Resale Right Directive: European Commission publishes ... The European Commission, on 14 December 2011, published a Report on the implementation and effect of Resale Right Directive 2001/84/EC. It examines, in particular, the impact of the Directive on the internal market and the effect of the introduction of the resale right in those member states that did not apply the right in national law prior to the entry into force of this Directive. | Legal update: archive | 22-Dec-2011 |
| 171 | Copyright Office Seeks Comment on Proposals Received in ... The US Copyright Office seeks comment on a proposed list of works that may be exempt from the Digital Millennium Copyright Act's (DMCA) prohibition against circumvention. The Copyright Office initiated this rulemaking process in accordance with the DMCA. | Legal update: archive | 21-Dec-2011 |
| 172 | Advocate General's opinion on database copyright in football ... Advocate General Mengozzi has delivered an opinion on the interpretation of Article 3 of the Database Directive (96/9/EC) in relation to football fixture lists. (Football Dataco Ltd and others v YAHOO! UK Ltd and others, Case C-640/10, 15 December 2011.) | Legal update: archive | 15-Dec-2011 |
| 173 | European Commission report on Artist's Resale Right ... The European Commission has reported on the results of its consultation on the implementation and impact of Directive 2001/84/EC on resale rights for artists, which came into force in October 2001. | Legal update: archive | 15-Dec-2011 |
| 174 | IPO launches consultation on proposals to modernise ... The Intellectual Property Office has published a consultation on proposals to modernise the copyright system, following up on recommendations in the Hargreaves review of intellectual property. (Free access.) | Legal update: archive | 15-Dec-2011 |
| 175 | Protection of orphan works and IP rights: Council reviews ... On 5 December 2011, the Competitiveness Council took note of the progress made on three files under examination by the Council preparatory bodies in the field of intellectual property. | Legal update: archive | 13-Dec-2011 |
| 176 | Regulations amending artist's resale right laid before ... The government has laid before Parliament the Artist’s Resale Right (Amendment) Regulations 2011, which amend the Artist’s Resale Right Regulations 2006. | Legal update: archive | 08-Dec-2011 |
| 177 | New hot topic article on the Digital Economy Act 2010 PLC IPIT & Communications has published a new hot topic article on the Digital Economy Act 2010. | Legal update: archive | 07-Dec-2011 |
| 178 | Patents County Court finds film script infringes copyright in ... The Patents County Court has ruled that the defendants' film script, which told the story about the claimant's life, infringed the copyright in the claimant's autobiography. (Paul Hodgson and another v Andrew Isaac and another [2010] EWPCC 37, 5 December 2011.) | Legal update: archive | 07-Dec-2011 |
| 179 | Government publishes implementation update on Plan for ... The government has published, at the same time as the publication of the chancellor’s 2011 autumn statement, an update on the implementation of its March 2011 Plan for Growth. | Legal update: archive | 01-Dec-2011 |
| 180 | IPO update on Patents County Court change of name The IPO has issued an update on the change of name of the Patents County Court proposed in the Hargreaves review of intellectual property. | Legal update: archive | 01-Dec-2011 |
| 181 | European Commission appoints mediator for private copying ... The European Commission has appointed a mediator to lead discussions on private copying levies. | Legal update: archive | 28-Nov-2011 |
| 182 | ECJ rules on meaning of communication of work to the public The ECJ has ruled on the scope of the right to communicate a copyright work to the public under Article 3(1) of the Copyright Directive (2001/29/EC). (Circul Globus Bucureşti v Uniunea Compozitorilor şi Muzicologilor din România – Asociaţia pentru Drepturi de Autor (UCMR – ADA), Case C-283/10, 24 November 2011.) | Legal update: archive | 24-Nov-2011 |
| 183 | Government launches feasibility study on creating digital ... The government has announced that it is to establish a feasibility study on creating a digital copyright exchange as recommended by the Hargreaves report. | Legal update: archive | 24-Nov-2011 |
| 184 | European Commission 2012 work programme: IP, IT and ... The European Commission has published its work programme for 2012. It includes various initiatives scheduled for consideration or adoption in 2012, which are of interest to practitioners in the fields of IP, IT and Communications. (Free access.) | Legal update: archive | 17-Nov-2011 |
| 185 | Government to introduce small-claims service for IP claims Following the recommendations of the Hargreaves review, the government has announced that it will be introducing a new small-claims service for intellectual property cases in the Patents County Court. | Legal update: archive | 16-Nov-2011 |
| 186 | IP Crime Group publishes toolkit on counterfeit goods in ... The IP Crime Group has published a supply chain toolkit for businesses to raise awareness of counterfeit goods in the supply chain. | Legal update: archive | 07-Nov-2011 |
| 187 | European Commission recommendation encouraging ... The European Commission has adopted a recommendation encouraging EU member states to step up their efforts in digitising cultural material. | Legal update: archive | 31-Oct-2011 |
| 188 | Court of Appeal judgment granting ISPs leave to appeal ... The transcript of a Court of Appeal judgment, in which it reversed its earlier decision, and granted BT and TalkTalk leave to appeal against a High Court decision rejecting their application for judicial review of provisions of the Digital Economy Act 2010, has been published. | Legal update: archive | 26-Oct-2011 |
| 189 | High Court orders BT to block access to Newzbin site within ... The High Court has ruled on the terms of an order requiring BT to block access to the Newzbin website, which enabled indexing and searching of infringing copies of the applicants' films. (Twentieth Century Fox Film Corporation and others v British Telecommunications plc [2011] EWHC 2714 Ch, 26 October 2011.) (Free access.) | Legal update: archive | 26-Oct-2011 |
| 190 | ECJ rules in satellite broadcasting rights case The ECJ has ruled that the Satellite Broadcasting Directive (93/83/EEC) requires a satellite package provider to obtain authorisation from the right-holders concerned for its intervention in the transmission by satellite of television programmes. (Airfield NV and another v Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (Sabam) and Airfield NV v Agicoa Belgium BVBA, Joined cases C-431/09 and C-432/09, 13 October 2011.) | Legal update: archive | 13-Oct-2011 |
| 191 | Court of Appeal reverses decision and grants ISPs leave to ... The Court of Appeal, in an oral permission hearing, has reversed its earlier decision and allowed BT and TalkTalk leave to appeal against the High Court's decision that rejected their application for judicial review of the provisions of the Digital Economy Act 2010. | Legal update: archive | 11-Oct-2011 |
| 192 | ECJ rules foreign decoder cards can be used to view Premier ... The Grand Chamber of the ECJ has ruled on various questions, including whether the Football Association Premier League's prohibition on exclusive licensees in other member states supplying decoder cards enabling viewing of Premier League matches outside the licensed territory infringed competition law; and whether UK national law which made it unlawful to import and sell such foreign decoder cards in the UK restricted freedom to provide services. (Football Association Premier League Ltd and others v QC Leisure and others; Karen Murphy v Media Protection Services Ltd, Joined cases C-403/08 and C-429/08, 4 October 2011.) (Free access.) | Legal update: archive | 05-Oct-2011 |
| 193 | Order setting limit on value of IP claims heard in Patents ... The Patents County Court (Financial Limits) (No 2) Order 2011 (SI 2011/2222), which introduces a £500,000 limit on the value of intellectual property claims heard in Patents County Court, other than those concerning patents and designs, came into force on 1 October 2011. | Legal update: archive | 03-Oct-2011 |
| 194 | IPO guide on IP rights infringement in workplace The Intellectual Property Office has published a guide for businesses on dealing with infringement of intellectual property rights in the workplace. | Legal update: archive | 27-Sep-2011 |
| 195 | Industry signs memorandum of understanding to increase ... A memorandum of understanding to increase the number of out-of-commerce books being made available has been agreed between organisations representing libraries and publishers, authors and their collecting societies. | Legal update: archive | 21-Sep-2011 |
| 196 | Jeremy Hunt speech at television conference: press and ... The Secretary of State for Culture, Olympics, Media and Sport, Jeremy Hunt, has outlined in a speech the measures that may be included in the forthcoming Communications Act to tackle offensive and unlawful online content and strengthen press regulation. | Legal update: archive | 15-Sep-2011 |
| 197 | EU and China to continue co-operation on IP protection The EU and China have agreed to continue their collaboration on the protection of intellectual property following the completion of the four-year IPR2 project. | Legal update: archive | 14-Sep-2011 |
| 198 | European Council adopts Directive extending copyright term ... The European Council has adopted a Directive extending the term of copyright protection on music recordings from 50 to 70 years. (Free access.) | Legal update: archive | 14-Sep-2011 |
| 199 | Government proceeds with copyright infringement notification ... The government has published a statement setting out its next steps for implementation of the Digital Economy Act 2010, in particular the "initial obligations" on internet service providers to notify their subscribers of suspected copyright infringement, and the appeal process relating to such notifications. | Legal update: archive | 04-Aug-2011 |
| 200 | Government publishes IP crime strategy 2011 The government has published its 2011 intellectual property crime strategy. | Legal update: archive | 04-Aug-2011 |
| 201 | Government publishes international strategy for IP The government has published its strategy for intellectual property issues internationally. | Legal update: archive | 04-Aug-2011 |
| 202 | Government response to Hargreaves review of intellectual ... The government has published its response to the review of the UK legislative framework relating to intellectual property, written by Professor Ian Hargreaves, which was published in May 2011. (Free access.) | Legal update: archive | 04-Aug-2011 |
| 203 | Supreme Court rules in Star Wars Stormtrooper costume case In a dispute involving copyright in the helmets of the "Stormtrooper" soldiers from the Star Wars films, the Supreme Court has upheld the Court of Appeal's view that the helmets were not sculptures, and so were not artistic works, but overturned its decision that US copyright claims were not justiciable in England. (Lucasfilm Limited and others v Ainsworth and another [2011] UKSC 39, 27 July 2011.) (Free access.) | Legal update: archive | 28-Jul-2011 |
| 204 | EESC opinion on IP rights in the music sector The European Economic and Social Committee has published an opinion on the protection and enforcement of intellectual property rights in the music sector, focusing on copyright issues and the nature and governance of collecting societies. | Legal update: archive | 27-Jul-2011 |
| 205 | Patents County Court considers claims for TV theme music ... The Patents County Court has struck out the substantial parts of proceedings relating to royalties for TV theme music but refused to strike out the claim under the Contracts (Rights of Third Parties) Act 1999 and ordered the disclosure of relevant contracts. (Mary Wadsworth and another v Granada International Media Ltd and another [2011] EWPCC 20, 9 June 2011.) | Legal update: archive | 21-Jul-2011 |
| 206 | Green Paper on online distribution of audiovisual works in EU ... The European Commission has published a Green Paper on online distribution of audiovisual works in EU, to serve as a basis for a debate on the opportunities and challenges raised by the changes in the way audiovisual works are produced, marketed and distributed due to digital technology and the internet, and whether and how the regulatory framework needs to be adapted to reflect this. | Legal update: archive | 14-Jul-2011 |
| 207 | European Commission publishes results of consultation on IP ... The European Commission has published a report summarising the results of its consultation on its evaluation report on the impact of the Directive on the enforcement of intellectual property rights (2004/48/EC). | Legal update: archive | 13-Jul-2011 |
| 208 | IPO publishes reports showing value of IP rights to UK ... The Intellectual Property Office has published two reports which show the value of investments made by businesses in products and services that are protected by intellectual property rights. | Legal update: archive | 12-Jul-2011 |
| 209 | Advocate General considers right to remuneration for ... In a reference from the Irish High Court, Advocate General Trstenjak has considered the right of performers and record producers to remuneration under the Rental Directive (2006/115/EC) for recordings played in hotel bedrooms. (Phonographic Performance (Ireland) Limited v Ireland and others, Case C-162/10, 29 June 2011.) (Free access.) | Legal update: archive | 30-Jun-2011 |
| 210 | Court of Appeal refuses ISPs leave to appeal against Digital ... The Court of Appeal has refused BT and TalkTalk leave to appeal against the High Court's decision in which it rejected their application for judicial review of the provisions of the Digital Economy Act 2010. | Legal update: archive | 23-Jun-2011 |
| 211 | High Court finds defendants committed passing off and breach ... The High Court has held that the defendants had breached an agreement between themselves and the claimant, Future Publishing Ltd, relating to the use of trade marks for EDGE, and that they had also infringed the copyright in its logo and were passing off its business. (Future Publishing Ltd v The Edge Interactive Media Inc and others [2011] EWHC 1489 (Ch), 13 June 2011.) | Legal update: archive | 15-Jun-2011 |
| 212 | Tajikistan accedes to WIPO Performances and Phonograms ... The Republic of Tajikistan has acceded to the WIPO Performances and Phonograms Treaty. | Legal update: archive | 15-Jun-2011 |
| 213 | Court of Appeal allows appeal on music-video royalty rates The Court of Appeal has overturned a High Court decision that allowed an appeal from the Copyright Tribunal, in a case concerning the royalty rates payable for broadcasting music videos. (CSC Media Group Ltd v Video Performance Ltd [2011] EWCA Civ 650, 27 May 2011.) | Legal update: archive | 08-Jun-2011 |
| 214 | Intellectual Property Rights: European Commission publishes ... On 24 May 2011, the European Commission published a Communication setting out a new strategy for Intellectual Property Rights to stimulate creativity and innovation. The Communication describes the initiatives the European Commission intends to take between now and 2012 in various areas, including patents, trade marks, geographical indications, copyright licensing and digital libraries. | Legal update: archive | 27-May-2011 |
| 215 | European Commission adopts proposal for directive on ... The European Commission has adopted a proposal for a directive on orphan works. | Legal update: archive | 26-May-2011 |
| 216 | European Commission publishes draft counterfeit-goods ... The European Commission has published a draft Regulation concerning customs enforcement of intellectual property rights which, if adopted, will replace Regulation (EC) No 1383/2003. | Legal update: archive | 26-May-2011 |
| 217 | European Commission publishes new strategy for IP rights The European Commission has published a new strategy for intellectual property rights, settting out various short-term and long-term policy actions in various areas, including patents, trade marks, copyright and dealing with counterfeiting and piracy. | Legal update: archive | 25-May-2011 |
| 218 | Hargreaves review of intellectual property published The government-commissioned review of the UK legislative framework relating to intellectual property, written by Professor Ian Hargreaves, has been published. (Free access.) | Legal update: archive | 19-May-2011 |
| 219 | A Single Market for Intellectual Property Rights: European ... On 13 May 2011, the European Commission tentatively announced that it would present its Communication on a Single Market for Intellecual Property Rights on 24 May 2011. It was previously announced for 18 May 2011. | Legal update: archive | 13-May-2011 |
| 220 | Morocco accedes to WCT and WPPT Morocco has acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. | Legal update: archive | 10-May-2011 |
| 221 | A Single Market for Intellectual Property Rights: European ... On 18 May 2011, the European Commission is expected to present a Communication covering patents and trademarks, copyright and geographical indications. The Communication is meant to set out a strategy on how these intellectual property rights can further drive competitiveness and growth for the knowledge based EU economy. | Legal update: archive | 05-May-2011 |
| 222 | Copyright Tribunal rules MCPS's imposition of pay-as-you-go ... The Copyright Tribunal has rejected an application brought by Archive Media Publishing Limited regarding the refusal of the MCPS to offer it a licence for copyright material included on DVDs on terms other than pay-as-you-go (PAYG) terms, ruling that it was reasonable to require PAYG terms of a new licensee. (Archive Media Publishing Ltd v MCPS, CT 116/10, 3 May 2011.) | Legal update: archive | 05-May-2011 |
| 223 | Industry signs memorandum of understanding on reducing ... A memorandum of understanding on reducing sales of counterfeit goods online has been signed by various rights-holders, internet platforms and trade associations. | Legal update: archive | 05-May-2011 |
| 224 | Commons Committee suspends online IPR inquiry The House of Commons Culture, Media and Sport Committee has suspended its inquiry into the protection of intellectual property rights online. | Legal update: archive | 28-Apr-2011 |
| 225 | Advocate General considers Belgian orders requiring filtering ... Advocate General Cruz Villalón has given an opinion in which he recommends that the ECJ declare it to be contrary to EU law for the national court of a member state to make an order, on the basis of a particular Belgian statutory provision, requiring an ISP to install a system for an indefinite period and at their own expense to identify and block the transfer of files which allegedly infringe the copyright in music or films. | Legal update: archive | 14-Apr-2011 |
| 226 | Government responds to consultation on depositing non-print ... The government has responded to a consultation on depositing non-print works, including online content, with legal deposit libraries. (Free access.) | Legal update: archive | 07-Apr-2011 |
| 227 | Analysis of responses to consultation on cultural and creative ... On 24 March 2011, the European Commission published its analysis of the 350 responses to the consultation launched by the Green Paper on cultural and creative industries. | Legal update: archive | 06-Apr-2011 |
| 228 | Speech by Neelie Kroes on addressing the orphan works ... On 10 March 2011, the European Commission published a speech by Neelie Kroes, Commission Vice President for the Digital Agenda, on addressing the orphan works challenge. | Legal update: archive | 11-Mar-2011 |
| 229 | Advocate General gives opinion on application of private ... Advocate General Jääskinen has given his opinion on the application of the private-copying levy which member states impose under the Copyright Directive (2001/29/EC) if they allow private copying of copyright works to distance selling. (Stichting de Thuiskopie v Mijndert van der Lee and others, Case C-462/09, 10 March 2011.) | Legal update: archive | 10-Mar-2011 |
| 230 | BSI launches new standard for IP services The British Standards Institution has launched a new British Standard, BS 8538, for the provision of services relating to the commercialisation of intellectual property rights. | Legal update: archive | 07-Mar-2011 |
| 231 | European Commission Communication on copyright of the ... On 10 February 2011, a Communication from the European Commission on copyright protection of the common face design of the euro coins (2011/C 41/03) was published in the Official Journal. | Legal update: archive | 11-Feb-2011 |
| 232 | Advocate General considers exclusive football satellite ... Advocate General Kokott has given an opinion that territorial exclusivity agreements relating to the transmission of English Premier League football matches are contrary to EU law. (Football Association Premier League Ltd and others v QC Leisure and others; Karen Murphy v Media Protection Services Ltd, Joined cases C-403/08 and C-429/08, 3 February 2011.) | Legal update: archive | 03-Feb-2011 |
| 233 | Ofcom to review whether Digital Economy Act filesharing ... The culture secretary, Jeremy Hunt, has asked Ofcom to review whether the Digital Economy Act filesharing-blocking provisions are workable. | Legal update: archive | 02-Feb-2011 |
| 234 | ECJ considers Italian legislation implementing Designs ... The ECJ has considered Italian legislation implementing Article 17 of the Designs Directive (98/71/EC), which provides that designs protected by a design right registered in or in respect of a member state in accordance with the Directive are also eligible for copyright protection from the date the design was created or fixed. | Legal update: archive | 27-Jan-2011 |
| 235 | Draft costs-sharing order under Digital Economy Act ... The Online Infringement of Copyright (Initial Obligations) (Sharing of Costs) Order 2011 has been laid before Parliament. | Legal update: archive | 25-Jan-2011 |
| 236 | European Commissioner announces initiatives related to ... In a speech given on 21 January 2011, the European Commissioner for the Internal Market and Services, Michel Barnier, presented the concrete actions which the European Commission intends to launch with regard to copyright in a digital era. | Legal update: archive | 24-Jan-2011 |
| 237 | IFPI publishes 2011 digital music report The International Federation of the Phonographic Industry has published its annual digital music report for 2011. | Legal update: archive | 24-Jan-2011 |
| 238 | European Commission launches public consultation on ... On 7 January 2011, the European Commission lauched a public public consultation on the implementation and effect of the Resale Right Directive (2001/84/EC). | Legal update: archive | 11-Jan-2011 |
| 239 | European Commission consults on effect of Artist's Resale ... The European Commission has launched a consultation on the effect of Directive 2001/84/EC on resale rights for artists. | Legal update: archive | 10-Jan-2011 |
| 240 | EU General Court orders European Commission to pay ... The EU General Court has ordered the European Commission to pay damages to Systran SA for infringement of copyright and misuse of confidential information in its machine translation software. (Systran SA and another v European Commission, Case T-19/07, 16 December 2010.) | Legal update: archive | 22-Dec-2010 |
| 241 | Commons Committee extends deadline for submissions to ... The House of Commons Culture, Media and Sport Committee has extended the deadline for submissions to its inquiry into the protection of intellectual property rights online until 23 March 2011. | Legal update: archive | 09-Dec-2010 |
| 242 | High Court agrees to judicial review of Digital Economy Act The High Court, in a decision for which the order has just become available, has agreed to an application for judicial review concerning the Digital Economy Act, made by British Telecommunications plc and TalkTalk Telecom Group plc. (R (British Telecommunications plc and another) v Secretary of State for Business Innovation and Skills, 11 November 2010.) (Free access.) | Legal update: archive | 09-Dec-2010 |
| 243 | Patents County Court refuses to order default judgment in file ... The Patents County Court has refused to order the claimant, who represented copyright owners, default judgment under rule 12.4 of the Civil Procedure Rules, against the defendants in parallel file-sharing cases, as the claims included an injunction. (Media CAT Ltd v A to H [2010] EWPCC 17, 1 December 2010.) | Legal update: archive | 06-Dec-2010 |
| 244 | Saint Vincent and the Grenadines accedes to WIPO ... Saint Vincent and the Grenadines has acceded to the WIPO Performances and Phonograms Treaty. | Legal update: archive | 30-Nov-2010 |
| 245 | European Parliament welcomes Anti-Counterfeiting Trade ... On 24 November 2010, the European Parliament passed a resolution welcoming the Anti-Counterfeiting Trade Agreement (ACTA) as a step in the right direction, but called on the European Commission to confirm that it will have no impact on basic freedoms and existing EU legislation. | Legal update: archive | 24-Nov-2010 |
| 246 | Council adopts conclusions on the opportunities and ... On 18 November 2010, the Education, Cuture, Youth and Sport Council adopted conclusions on the opportunities and challenges for European cinema in the digital era. | Legal update: archive | 19-Nov-2010 |
| 247 | European Commission publishes final ACTA text The European Commission has published the final text of the Anti-Counterfeiting Trade Agreement. | Legal update: archive | 18-Nov-2010 |
| 248 | Negotiations on Anti-Counterfeiting Trade Agreement ... On 15 November 2010, participants in the Anti-Counterfeiting Trade Agreement (ACTA) negotiations announced that they had finalized the text of the Agreement. | Legal update: archive | 16-Nov-2010 |
| 249 | Charities music-playing exemption to cease with agreement ... Phonographic Performance Ltd and PRS for Music have reached agreement with charities and not-for-profit organisations, under which these organisations will pay royalties in respect of recordings of music played at their premises. The provisions in the Copyright, Designs and Patents Act 1988, which enable charities and not-for-profit organisations to play copyright-protected sound recordings in public without paying a licence fee are to be repealed. (Free access.) | Legal update: archive | 10-Nov-2010 |
| 250 | European Commission publishes 2011 work programme The European Commission has published its work programme for 2011, which includes various initiatives scheduled for adoption in 2011, or under consideration, which are of interest to IPIT & Communications. | Legal update: archive | 04-Nov-2010 |
| 251 | Court of Appeal dismisses appeal in dispute over terms of ... The Court of Appeal has upheld High Court findings that there had been a material breach of software distribution agreements entered between the parties, which gave the software owner the right to terminate them, and that the parties had not agreed to fix the fees payable. (Softlanding Systems, Inc v KDP Software Ltd and another [2010] EWCA Civ 1172, 27 October 2010.) | Legal update: archive | 28-Oct-2010 |
| 252 | IPO consults on setting limit on value of claims heard in ... The Intellectual Property Office has launched a consultation on setting a £500,000 limit on the value of claims heard in the Patents County Court (PCC), which has jurisdiction over all intellectual property (IP) rights, as part of a series of amendments intended to reduce the cost of lower-value IP litigation and to more clearly differentiate the PCC from the High Court. (Free access.) | Legal update: archive | 27-Oct-2010 |
| 253 | New PCC rules do not apply to existing cases The Patents County Court has held that the new procedures that came into force on 1 October 2010 do not apply retrospectively to cases filed before that date. (Technical Fibre Products and another v Bell and others [2010] EWPCC 011, 20 October 2010.) | Legal update: archive | 26-Oct-2010 |
| 254 | Implications of public bodies reform for IPIT The government has announced the abolition or reform of various non-departmental public bodies, including bodies relevant to IPIT. | Legal update: archive | 14-Oct-2010 |
| 255 | Draft text of Anti-Counterfeiting Trade Agreement published An update on the publication by the European Commission of the draft text of the Anti-Counterfeiting Trade Agreement, which is being negotiated by various members of the World Trade Organisation. | Legal update: archive | 06-Oct-2010 |
| 256 | Final round of negotiations for Anti-Counterfeiting Trade ... The final round of negotiations for the Anti-Counterfeiting Trade Agreement took place on 2 October 2010. | Legal update: archive | 04-Oct-2010 |
| 257 | IPO publishes questions referred to ECJ on interpretation of ... An update on the Intellectual Property Office's publication of the questions referred by the High Court to the ECJ for a preliminary ruling in SAS Institute Inc v World Programming Ltd [2010] EWHC 1829 (Ch), 23 July 2010, concerning the interpretation of the Software Directive (91/250/EEC) in a case in which the claimant argued that the defendant had committed a series of infringements of copyright in developing its alternative software. | Legal update: archive | 04-Oct-2010 |
| 258 | European Parliament resolution on enforcement of IP rights in ... An update on the adoption of a resolution (2009/21789INI) by the European Parliament, on 22 September 2010, on enforcement of IP rights in the internal market. | Legal update: archive | 22-Sep-2010 |
| 259 | Government to require ISPs to share 25% of costs of Digital ... An update on the government's publication of its response to the consultation on how costs relating to the initial obligations for addressing online infringement of copyright under the Digital Economy Act 2010 should be shared. (Free access.) | Legal update: archive | 14-Sep-2010 |
| 260 | European Parliament declaration on Anti-Counterfeiting Trade ... An update on the signature by a majority of MEPs of a written declaration on the lack of transparent process in the negotiations for the Anti-Counterfeiting Trade Agreement, and various concerns regarding its content. | Legal update: archive | 09-Sep-2010 |
| 261 | High Court allows appeal from Copyright Tribunal decision on ... An update on CSC Media Group Ltd v Video Performance Ltd [2010] EWHC 2094 (Ch), 10 August 2010, in which the High Court allowed an appeal from the Copyright Tribunal's decision on the royalty rates payable for broadcasting music videos. | Legal update: archive | 10-Aug-2010 |
| 262 | High Court upholds Nintendo claim in "modchips" case An update on Nintendo Company Ltd and another v Playables Ltd and another [2010] EWHC 1932 (CH), 28 July 2010, in which the High Court granted Nintendo's application for summary judgment in respect of devices designed to avoid copy-protection measures under sections 296 and 296ZD of the Copyright Designs and Patents Act 1988. (Free access.) | Legal update: archive | 28-Jul-2010 |
| 263 | Strategic advisory board for IP policy publishes report on ... An update on the publication by the Strategic advisory board for IP policy of a report on the relationship between copyright and contract law. | Legal update: archive | 12-Jul-2010 |
| 264 | Copyright Tribunal rules on whether deputy chairman can be ... An update on the Copyright Tribunal's decision in Meltwater Holding BV v The Newspaper Licensing Agency Ltd, CT114/09, 10 June 2010, in which it considered whether Henry Carr QC, one of its deputy chairmen, could act as an advocate for the claimant. | Legal update: archive | 10-Jun-2010 |
| 265 | Ofcom publishes draft code on ISPs' initial obligations under ... An update on Ofcom's consultation on a draft code of practice to underpin the initial obligations imposed on ISPs to reduce online copyright infringement by the Digital Economy Act 2010. | Legal update: archive | 28-May-2010 |
| 266 | Queen's Speech 2010: implications for IPIT & ... An update on the implications of the Queen's Speech for IPIT & Communications subscribers. (Free access.) | Legal update: archive | 25-May-2010 |
| 267 | Text of draft Anti-Counterfeiting Trade Agreement published An update on the draft Anti-Counterfeiting Trade Agreement, the text of which has been published. | Legal update: archive | 21-Apr-2010 |
| 268 | ECJ finds French law on succession of resale rights ... An update on Fundacion Gala-Salvador Dali and another v Societe des auteurs dans les arts graphiques et plastiques (ADAGP) and others, Case C-518/08, 15 April 2010, in which the ECJ ruled that Article 6(1) of the EU Directive on the resale right for the benefit of the author of an original work of art (2001/84/EC) did not preclude French law from restricting the benefit of the resale right to the author's heirs, to the exclusion of legatees or other successors in title. | Legal update: archive | 15-Apr-2010 |
| 269 | Digital Economy Act 2010: summary of main provisions An update summarising the main provisions of the Digital Economy Act, which received Royal Assent on 8 April 2010. | Legal update: archive | 08-Apr-2010 |
| 270 | House of Commons passes copyright provisions of Digital ... An update on the copyright-related provisions of the Digital Economy Bill that have been passed in the parliamentary "wash-up" procedure. | Legal update: archive | 07-Apr-2010 |
| 271 | Government consults on costs-sharing under Digital Economy ... An update on the government's consultation on proposals for the sharing of costs relating to the initial obligations for addressing online infringement of copyright under the Digital Economy Bill. | Legal update: archive | 30-Mar-2010 |
| 272 | European Commission consultation on Counterfeit Goods ... An update on the European Commission's consultation on the Counterfeit Goods Regulation (1383/2003/EC). | Legal update: archive | 25-Mar-2010 |
| 273 | Further amendments to UK Regulations implementing ... An update on the Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No.2) Regulations 2010 (SI 2010/992), which have been laid before Parliament. | Legal update: archive | 25-Mar-2010 |
| 274 | Legislation taking effect in April 2010: IPIT & Communications An update on legislation relating to intellectual property and communications taking effect on 1 April 2010, or on the next twice-yearly standard commencement date of 6 April 2010. | Legal update: archive | 25-Mar-2010 |
| 275 | Copyright Tribunal Rules 2010 laid before Parliament An update on the Copyright Tribunal Rules 2010 (SI 2010/791) which have been laid before Parliament. | Legal update: archive | 16-Mar-2010 |
| 276 | Digital Economy Bill passes third reading in House of Lords An update on the passing, on 15 March 2010, of the third reading of the Digital Economy Bill in the House of Lords, which included debate on the clauses concerning online copyright infringement. | Legal update: archive | 15-Mar-2010 |
| 277 | European Commission launches Europe 2020 strategy An update on the European Commission's March 2010 Communication on a strategy for growth, which includes targets for improving protection of intellectual property rights and for achieving universal high-speed broadband internet access across the EU. | Legal update: archive | 03-Mar-2010 |
| 278 | High Court rules in favour of software owner in dispute with ... An update on the High Court's decision in SoftLanding Systems, Inc. v KDP Software Ltd and Unicom Systems, Inc. (as a third party) [2010] EWHC 326 (TCC), 26 February 2010, in which the court ruled in favour of the defendant software owner in a complex case brought by its former distributor for breach of contract, and granted the defendant (among other things) an injunction for copyright infringement. | Legal update: archive | 26-Feb-2010 |
| 279 | High Court upholds Copyright Tribunal decision on royalties ... An update on Phonographic Performance Ltd v British Hospitality Association & others [2009] EWHC 209 (Ch), 12 February 2010, in which the High Court held that the Copyright Tribunal had made no error of law in finding that new tariffs that Phonographic Performance had introduced in 2006 for the public performance of sound recordings as background music in public houses, bars, restaurants and cafes, shops and stores, and offices and factories were not reasonable. | Legal update: archive | 12-Feb-2010 |
| 280 | IFPI publishes 2010 digital music report An update on the International Federation of the Phonographic Industry's 2010 annual digital music report. | Legal update: archive | 21-Jan-2010 |
| 281 | Music file-sharer acquitted of conspiracy to defraud An update on the acquittal of the founder of a music-sharing website on a charge of conspiracy to defraud. | Legal update: archive | 15-Jan-2010 |
| 282 | Jackson's final report on costs published: IP and IT litigation ... An update on the publication of Lord Justice Jackson's final report on civil litigation costs and his recommendations in relation to intellectual property and information technology litigation. | Legal update: archive | 14-Jan-2010 |
| 283 | BIS publishes update on Digital Britain implementation An update on the Department for Business, Innovation & Skills' publication of an update on the implementation of the proposals in the Digital Britain report. | Legal update: archive | 18-Dec-2009 |
| 284 | Advocate General's opinion on whether French law ... An update on Advocate General Sharpston's opinion in Fundació Gala-Salvador Dalí and another v Société des auteurs dans les arts graphiques et plastiques, Case C-518/08, 17 December 2009. | Legal update: archive | 17-Dec-2009 |
| 285 | Court of Appeal rules US copyright not enforceable in UK in ... An update on Lucasfilm Limited and others v Andrew Ainsworth and another [2009] EWCA Civ 1328, 16 December 2009, in which the Court of Appeal ruled that US copyright was not enforceable in the English courts. | Legal update: archive | 16-Dec-2009 |
| 286 | EU ratifies WIPO Copyright Treaties An update on the European Commission's announcement that the EU has ratified the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. | Legal update: archive | 14-Dec-2009 |
| 287 | IPO publishes second stage of copyright exceptions ... An update on the Intellectual Property Office's publication of the second stage of its copyright exceptions consultation, together with a draft statutory instrument to amend the Copyright, Designs and Patents Act 1988. | Legal update: archive | 11-Dec-2009 |
| 288 | IPO publishes new and updated guidance as part of online IP ... An update on new and updated guidance booklets published by the IPO as part of its online IP healthcheck service. | Legal update: archive | 02-Dec-2009 |
| 289 | Internet companies oppose copyright powers under Digital ... An update on an open letter written to the Secretary of State for Business, Innovation and Skills, Lord Mandelson, in which Facebook, Google, Yahoo! and eBay urge the government to remove clause 17 from the Digital Economy Bill. | Legal update: archive | 02-Dec-2009 |
| 290 | Government publishes Digital Economy Bill An update on the Digital Economy Bill, published on 20 November 2009. | Legal update: archive | 20-Nov-2009 |
| 291 | Queen announces Digital Economy Bill An update on the announcement in the Queen's Speech that the government will introduce the Digital Economy Bill, to deliver the strategic vision set out in the final Digital Britain report. | Legal update: archive | 18-Nov-2009 |
| 292 | Government response to consultation on copyright ... An update on the publication of the government's response to the Intellectual Property Office's consultation on a number of copyright exemptions that allow charities and not-for-profit organisations to play copyright-protected sound recordings in public without paying a licence fee, which will mean the repeal of such exemptions. | Legal update: archive | 12-Nov-2009 |
| 293 | New UK regulations to implement Audiovisual Media Services ... An update about the new UK Audiovisual Media Services Regulations 2009, which implement Directive 2007/65/EC amending Directive 89/552/EEC (the Audiovisual Media Services Directive), and will come into force on 19 December 2009. | Legal update: archive | 10-Nov-2009 |
| 294 | Court of Appeal considers police retention of evidence for later ... An update on the Court of Appeal's decision in Scopelight Limited and others v (1) Chief of Police for Northumbria (2) Federation Against Copyright Theft Limited [2009] EWCA Civ 1156, 5 November 2009, concerning whether the police could retain property, originally seized for criminal investigations, in relation to a subsequent private prosecution under the Copyright, Designs and Patents Act 1988. | Legal update: archive | 05-Nov-2009 |
| 295 | IPO publishes strategy for copyright in the digital age An update on the Intellectual Property Office's publication of a document setting out its strategy for copyright in the digital age. | Legal update: archive | 28-Oct-2009 |
| 296 | Copyright Tribunal rules on royalties payable for public ... An update on Phonographic Performance Limited v The British Hospitality Association and others, 18 September 2009, in which the Copyright Tribunal ruled on the royalties payable for public performances of sound recordings as background music in public houses, bars, restaurants and cafes, shops and stores, and offices and factories. NOTE: On 15 October 2009, the Copyright Tribunal made an order, setting out new tariffs and making provision for repayment of royalties overpaid. | Legal update: archive | 22-Oct-2009 |
| 297 | European Commission consults on addressing challenges to ... An update on the European Commission's launch of a consultation on a reflection document which considers the challenges to creating a single market for creative content online, and the way those challenges may be addressed. | Legal update: archive | 22-Oct-2009 |
| 298 | Legislation to extend derogation of artist's resale right laid ... An update on the laying before Parliament of a statutory instrument to extend the derogation from the artist's resale right for the works of deceased artists. | Legal update: archive | 21-Oct-2009 |
| 299 | Joint statement on general principles for online music ... On 20 October 2009, the European Commission announced that the participants at the Commission's Online Roundtable on Music had signed up to a joint statement setting out the general principles for the future online distribution of music and had agreed to form a working group to develop a common framework for rights ownership information. | Legal update: archive | 20-Oct-2009 |
| 300 | European Commission Communication on book digitisation ... An update on the European Commission's Communication on its book digitisation proposals | Legal update: archive | 19-Oct-2009 |
| 301 | European Commission Communication on book digitisation ... An update on the European Commission's adoption of a Communication on its book digitisation and dissemination proposals. | Legal update: archive | 19-Oct-2009 |
| 302 | European Commission Communication on book digitisation ... An update on the European Commission's Communication setting out its book digitisation proposals | Legal update: archive | 19-Oct-2009 |
| 303 | European Commission Communication on book digitisation ... An update on the European Commission's Communication setting out its book digitisation proposals | Legal update: archive | 19-Oct-2009 |
| 304 | European Commission communication on copyright in the ... An update on the European Commission's adoption of a communication on copyright in the knowledge economy in which it sets out its proposals for book digitisation and dissemination. | Legal update: archive | 19-Oct-2009 |
| 305 | Orders relating to application of CDPA to Bermuda An update on the publication of the Copyright (Bermuda) Revocation Order 2009 (SI 2009/2749) revoking the previous Order extending the Copyright, Designs and Patents Act 1988 to Bermuda and the publication of the Copyright and Performances (Application to Other Countries) (Amendment) Order 2009 (SI 2009/2745) granting protection to certain copyright works and performances of Bermudan origin. | Legal update: archive | 15-Oct-2009 |
| 306 | Expanded Overview of Copyright and related Practice notes ... An update on the publication on the PLC IPIT & Communications website of an expanded Overview of Copyright, and related Practice notes on the management and exploitation of copyright, and the overlap between copyright and designs. | Legal update: archive | 06-Oct-2009 |
| 307 | Sixth Circuit Court of Appeals Holds that a Merger Can Result ... An update on a recent holding by the Sixth Circuit Court of Appeals that a merger can result in an improper transfer of a non-assignable intellectual property license. | Legal update: archive | 02-Oct-2009 |
| 308 | European Commission consultation on EU innovation policy An update on the European Commission's launch of a consultation on EU innovation policy following its publication of a Communication reviewing innovation policy. | Legal update: archive | 18-Sep-2009 |
| 309 | European Commission Communication on enhancing ... An update on the European Commission's publication of a Communication on enhancing the enforcement of intellectual property rights. | Legal update: archive | 11-Sep-2009 |
| 310 | Copyright Tribunal rules on music video royalty rates An update on CSC Media Group Limited v Video Performance Limited, CT/94/05, 7 September 2009, in which the Copyright Tribunal considered for the first time the royalty rates payable for broadcasting music videos. | Legal update: archive | 07-Sep-2009 |
| 311 | SRA test 2 An update on | Legal update: archive | 07-Sep-2009 |
| 312 | YouTube and PRS sign new licensing agreement An update on the new licensing agreement between Google, the owner of YouTube, and PRS for Music. | Legal update: archive | 03-Sep-2009 |
| 313 | European Commission launches consultation on Europe's ... An update on the the European Commission's announcement that it has launched a consultation on the future of Europeana, Europe's digital library. | Legal update: archive | 28-Aug-2009 |
| 314 | Amendments to CPR 63 to come into force on 1 October 2009 An update on amendments to Part 63 of the Civil Procedure Rules (Patents and other intellectual property claims), which are due to come into effect on 1 October 2009. | Legal update: archive | 26-Aug-2009 |
| 315 | Bosnia and Herzegovina accedes to WPPT An update on Bosnia and Herzegovina's accession to the WIPO Performances and Phonograms Treaty. | Legal update: archive | 25-Aug-2009 |
| 316 | Government consults on revised proposals for legislation on ... An update on the government's publication of a statement on its proposal for legislation to reduce illegal peer-to-peer file-sharing. | Legal update: archive | 25-Aug-2009 |
| 317 | Commission publishes responses to report on Online ... On 21 August 2009, the European Commission published the contributions submitted by interested parties on the Online Commerce Roundtable Report on opportunities and barriers to online retailing. | Legal update: archive | 21-Aug-2009 |
| 318 | Copyright: delay did not bar claim The House of Lords has allowed an appeal against the Court of Appeal's ruling that a claimant's excessive and inexcusable delay barred his claim to a share of copyright in a hit single. | Legal update: archive | 21-Aug-2009 |
| 319 | Copyright: storing and printing extracts The European Court of Justice has considered whether storing and printing out extracts from newspaper articles constitutes reproduction under the Copyright Directive. | Legal update: archive | 21-Aug-2009 |
| 320 | BIS publishes Digital Britain implementation plan On 14 August 2009, BIS published its plan for implementing the Digital Britain report review. | Legal update: archive | 14-Aug-2009 |
| 321 | Digital Britain: final report The Department for Business, Innovation & Skills has published the Digital Britain final report. | Legal update: archive | 21-Jul-2009 |
| 322 | Government changes UK customs procedures for dealing with ... An update on HMRC's announcement of a change in UK customs procedures for seizing and detaining goods which infringe intellectual property rights, to comply with Article 13 of Council Regulation 1383/2003/EC. | Legal update: archive | 22-Jun-2009 |
| 323 | Government publishes Digital Britain report: content issues An update on the publication of the final Digital Britain report, focusing on the content-related issues. | Legal update: archive | 16-Jun-2009 |
| 324 | IPO publishes response to consultation on potential digital ... An update on the Intellectual Property Office's publication of its summary of responses to its consultation on a potential digital-rights agency. | Legal update: archive | 16-Jun-2009 |
| 325 | Virgin Media and Universal Music Group to launch unlimited ... An update on the reports that Virgin Media and Vivendi's Universal Music Group are to launch an unlimited music-download subscription service. | Legal update: archive | 15-Jun-2009 |
| 326 | Strategic advisory board for IP policy publishes report on ... An update on the publication of a report entitled Copycats? Digital Consumers in the online age by the Strategic Advisory Board for Intellectual Property Policy. | Legal update: archive | 29-May-2009 |
| 327 | Commission publishes report on Online Commerce ... On 26 May 2009, the European Commission published a report on the outcomes of the Online Commerce Roundtable which discussed opportunities and barriers to online retailing. | Legal update: archive | 26-May-2009 |
| 328 | PRS announces new rates for music-streaming services An update on the new rates for music-streaming services announced by PRS for Music. | Legal update: archive | 26-May-2009 |
| 329 | Copyright and the pensions crisis: extending recording rights On 23 April 2009, the European Parliament endorsed an extension of the term of protection for sound recordings and performers' rights, subject to a number of amendments, including a reduction in the proposed extension to 70 years. This begs the question: "why now?". Maybe this is a coincidence, but it is interesting that it has arisen at about the same time as the current pensions crisis. | Legal update: archive | 22-May-2009 |
| 330 | IPO launches website and discussion forums on copyright ... An update on the IPO's launch of a website to further encourage consumers and rights-holders to contribute to discussions on the development of future copyright strategy, and the publication of related material. | Legal update: archive | 15-May-2009 |
| 331 | Consolidated Directive on legal protection of computer ... An update on the publication of the consolidated Directive on the legal protection of computer programs (2009/24/EC) in the EU Official Journal. | Legal update: archive | 05-May-2009 |
| 332 | PRS announces release of new online music licence An update on the launch by PRS for Music of new online music licences to replace the Joint Online Licence. | Legal update: archive | 01-May-2009 |
| 333 | Response to consultation on copyright penalties favours ... An update on the publication by the Intellectual Property Office of a report on the outcome of its consultation on penalties for copyright infringement. | Legal update: archive | 24-Apr-2009 |
| 334 | European Parliament votes to extend copyright term for sound ... An update on the European Parliament's adoption, subject to amendments, of the European Commission's proposal to extend the term of protection for sound recordings and amend the Copyright Term Directive (2006/116/EC). | Legal update: archive | 23-Apr-2009 |
| 335 | IPO consults on proposed changes to Copyright Tribunal rules An update on the Intellectual Property Office's consultation on proposed changes to the Copyright Tribunal Rules 1989 (SI 1989/1129). | Legal update: archive | 09-Apr-2009 |
| 336 | European Commission launches observatory on ... An update on the European Commission's launch of an observatory aimed at tackling counterfeiting and piracy. | Legal update: archive | 02-Apr-2009 |
| 337 | Legislation taking effect in April 2009: IPIT & Communications An update on legislation relating to intellectual property and communications which took effect on 1 April 2009 or which will take effect on the next twice-yearly standard commencement date of 6 April 2009. | Legal update: archive | 01-Apr-2009 |
| 338 | High Court rules on copyright reversion provision in music ... An update on Crosstown Music Company LLC v Rive Droite Music Limited and others [2009] EWHC 600 (Ch), 25 March 2009, in which the High Court ruled that a provision in a music publishing agreement operated automatically to transfer copyright back to the composer in the event of a failure by the publisher to remedy a breach. | Legal update: archive | 25-Mar-2009 |
| 339 | IPO consults on proposed digital-rights agency An update on the consultation launched by the Intellectual Property Office on the role of the digital-rights agency proposed in the Digital Britain interim report. | Legal update: archive | 13-Mar-2009 |
| 340 | Commencement order published on provisions requiring local ... An update on the publication of the Regulatory Enforcement and Sanctions Act 2008 (Commencement No 2) Order 2009. | Legal update: archive | 11-Mar-2009 |
| 341 | IPO publishes responses to consultation on changes to ... An update on the publication by the Intellectual Property Office of a summary of the responses it received to a consultation on a number of copyright exemptions that allow charities and not-for-profit organisations to play copyright-protected sound recordings in public without paying a licence fee. | Legal update: archive | 11-Mar-2009 |
| 342 | Power of Information Taskforce Report published An update on the Power of Information Taskforce Report published by the Cabinet Office. | Legal update: archive | 10-Mar-2009 |
| 343 | Strategic advisory board for IP policy publishes first copyright ... An update on the publication of a paper on strategic priorites for the review of UK copyright law by the Strategic Advisory Board for Intellectual Property Policy. | Legal update: archive | 10-Mar-2009 |
| 344 | YouTube blocks UK music videos An update on YouTube's announcement that it is blocking UK users' access to official videos from music publishers and independent labels, after failing to reach a new licensing agreement with the Performing Rights Society. | Legal update: archive | 09-Mar-2009 |
| 345 | Uruguay ratifies WIPO Copyright Treaty An update on the Eastern Republic of Uruguay's ratification of the WIPO Copyright Treaty. | Legal update: archive | 05-Mar-2009 |
| 346 | IPO launches online IP healthcheck service An update on the Intellectual Property Office's announcement of the launch of its online intellectual property healthcheck service. | Legal update: archive | 27-Feb-2009 |
| 347 | Government publishes response to European Commission's ... An update on the UK government's response to the European Commission's paper on copyright in the knowledge economy. | Legal update: archive | 25-Feb-2009 |
| 348 | WIPO develops expedited arbitration rules for audio-visual ... An update on WIPO's development of expedited arbitration rules for the Association of International Collective Management of Audiovisual Works. | Legal update: archive | 24-Feb-2009 |
| 349 | CLA launches new digital licence for pharmaceutical ... An update on the Copyright Licensing Agency's announcement that it has launched a new digital licence for pharmaceutical companies. | Legal update: archive | 23-Feb-2009 |
| 350 | Copyright term: foreign works The European Court of Justice has considered when the term of protection for sound recordings provided for in the Copyright Term Directive can apply to foreign works. | Legal update: archive | 20-Feb-2009 |
| 351 | PRS launches consultation on code of practice An update on the launch of a consultation by PRS For Music on a new code of practice. | Legal update: archive | 03-Feb-2009 |
| 352 | EU and China agreement on protecting IP rights against ... An update on the action plan signed by the EU and China to strengthen customs co-operation on protecting intellectual property rights. | Legal update: archive | 30-Jan-2009 |
| 353 | Government publishes Digital Britain interim report: content ... An update on the digital content aspects of the Digital Britain interim report published by BERR and DCMS. | Legal update: archive | 29-Jan-2009 |
| 354 | Government publishes interim Digital Britain Report An update on the government's publication of the interim Digital Britain Report. The report will be covered in full in next week's PLC IPIT & Communications weekly e-mail. | Legal update: archive | 29-Jan-2009 |
| 355 | IPO launches supply-chain toolkit to help protect against ... An update on the Intellectual Property Office's launch of a supply-chain toolkit to help protect against counterfeiting. | Legal update: archive | 26-Jan-2009 |
| 356 | CLA launches new press-cutting agencies' licence An update on the Copyright Licensing Agency's announcement that it has launched a new licence for press-cutting agencies. | Legal update: archive | 23-Jan-2009 |
| 357 | ECJ ruling on Copyright Term Directive in case involving US ... An update on the ECJ ruling in Sony Music Entertainment (Germany) GmbH v Falcon Neue Medien Vertrieb GmbH, 20 January 2009, concerning the interpretation of Article 10 of the Copyright Term Directive (2006/116/EC) and foreign works. | Legal update: archive | 20-Jan-2009 |
| 358 | Korea accedes to WIPO Performances and Phonograms ... An update on the Republic of Korea's accession to the WIPO Performances and Phonograms Treaty. | Legal update: archive | 18-Jan-2009 |
| 359 | IFPI publishes 2009 digital music report An update on the International Federation of the Phonographic Industry's 2009 annual digital music report. | Legal update: archive | 16-Jan-2009 |
| 360 | BERR publishes responses to illicit file-sharing consultation An update on the responses which the Department for Business Enterprise & Regulatory Reform has received to its consultation on illicit file-sharing. | Legal update: archive | 15-Jan-2009 |
| 361 | Tajikistan accedes to WIPO Copyright Treaty An update on the Republic of Tajikistan's accession to the WIPO Copyright Treaty. | Legal update: archive | 05-Jan-2009 |
| 362 | Government seeks two-year extension on derogation for ... An update on the UK Government's notification to the European Commission that it wishes to extend the existing derogation from the artist's resale right for works of deceased artists for a further two years. | Legal update: archive | 18-Dec-2008 |
| 363 | IPO seeks views on developing future copyright agenda An update on the launch of an initiative by the IPO to seek views from stakeholders on the development of the UK's future copyright policy. | Legal update: archive | 16-Dec-2008 |
| 364 | European Council calls for action on online content and ... An update on the European Council's call for initiatives on online content and combatting piracy. | Legal update: archive | 13-Dec-2008 |
| 365 | ECJ rules on royalty remuneration scheme On 11 December 2008, the ECJ handed down a ruling on a reference from the Swedish Market Court on the application of Article 82 to a collecting society remuneration model. | Legal update: archive | 11-Dec-2008 |
| 366 | Government minister indicates support for extension of ... An update on a speech by Andy Burnham supporting an extension of the copyright term for sound recordings. | Legal update: archive | 11-Dec-2008 |
| 367 | Trading standards officers use new powers to investigate ... An update on an inspection carried out by trading standards officers under section 107A of the Copyright, Designs and Patents Act 1988. | Legal update: archive | 11-Dec-2008 |
| 368 | IPO launches new website and logo An update on the Intellectual Property Office's new website and logo. | Legal update: archive | 01-Dec-2008 |
| 369 | Commission publishes responses to consultation on barriers ... On 24 November 2008, the European Commission published on the DG Competition website the comments received to its consultation on barriers to online retailing. | Legal update: archive | 24-Nov-2008 |
| 370 | High Court considers Copyright Tribunal's jurisdiction in ... An update on the High Court's decision in In re Phonographic Performance Limited, 21 November 2008, in which Kitchin J considered the Copyright Tribunal's jurisdiction under section 128B of the Copyright, Designs and Patents Act 1988 in relation to licensing schemes for broadcast sound recordings. | Legal update: archive | 21-Nov-2008 |
| 371 | IPO publishes summary of responses to consultation on ... An update on the UK Intellectual Property Office summary of the responses to its recent consultation on an extension to the UK's derogation from EC Directive 2001/84 on artists' resale rights. | Legal update: archive | 11-Nov-2008 |
| 372 | Russian Federation accedes to WIPO Performances and ... An update on the Russian Federation's accession to the WIPO Performances and Phonograms Treaty and the WIPO Copyright Treaty. | Legal update: archive | 05-Nov-2008 |
| 373 | High Court finds copyright and database right infringed by ... An update on the case of Magical Marking Limited and another v Sean Holly and others, 16 October 2008, in which the High Court upheld a claimant company's action for infringement of copyright and database right. | Legal update: archive | 16-Oct-2008 |
| 374 | CLA introduces new law-firm copying licence The Copyright Licensing Agency (CLA) is to introduce a new type of copying licence designed for UK law firms. | Legal update: archive | 15-Oct-2008 |
| 375 | New MCPS music rate for production companies An update on the MCPS's new rates and blanket licensing deals for UK independent production companies that use music under its Independent Production Company licence. | Legal update: archive | 14-Oct-2008 |
| 376 | Survey shows fewer illegal music downloads An update on a survey by Entertainment Media Research on current consumer trends in UK music, which shows fewer illegal downloads. | Legal update: archive | 12-Oct-2008 |
| 377 | European Commission reports on Conditional Access ... An update on the European Commission's second report on the implementation of the Conditional Access Directive (98/84/EC), which identifies a number of issues including the current inability of the Directive to protect right-holders. | Legal update: archive | 06-Oct-2008 |
| 378 | Consultation: copyright infringement penalties The UK Intellectual Property Office has launched a consultation on copyright infringement penalties. | Legal update: archive | 29-Sep-2008 |
| 379 | Copyright infringement: Star Wars The High Court has dismissed a film-maker's action for infringement of UK copyright, but upheld US copyright infringement claims. | Legal update: archive | 29-Sep-2008 |
| 380 | WCT and WPPT extended to Hong Kong Special ... The government of the People's Republic of China has notified WIPO that it has extended application of the WIPO Copyright Treaty and WIPO Phonograms and Performances Treaty, to which China acceded in June 2007 (see Legal update, China accedes to WIPO Performances and Phonograms Treaty and Copyright Treaty), to the Hong Kong Special Administrative Region (SAR). The treaties will extend to the Hong Kong SAR from 1 October 2008. Source: WIPO press release, 26 September 2008. | Legal update: archive | 26-Sep-2008 |
| 381 | European Council calls for comprehensive anti-counterfeiting ... The EU Competitiveness Council has adopted a resolution outlining a comprehensive EU anti-counterfeiting plan, which adds momentum to the European Commission's existing plans to step up the fight against counterfeiting, as set out in its recent Communication on a strategy for intellectual property rights in Europe. The key elements of the Council's plans, such as the setting up of a European counterfeiting and piracy observatory, are relatively tangible and practical, involving co-operation between the public and private sectors. | Legal update: archive | 25-Sep-2008 |
| 382 | European Parliament resolution on online music licensing The European Parliament has adopted a resolution calling on the European Commission to put forward a legislative initiative to regulate the cross-border online music market. Referring back to the Parliament's 2007 report (see Legal update, European Parliament calls for framework directive on online music) in response to the Commission's earlier recommendation to facilitate the collective cross-border management of copyright and related rights for legitimate online music services (see Legal update, European Commission recommends pan-European copyright licensing), the resolution is critical of the Commission's failure to put forward legislation saying that a climate of uncertainty has been created for rights-holders and broadcasters. The resolution is concerned to protect European cultural diversity and minority cultures which MEPs consider might be threatened by the Commission's decision in CISAC (see Legal update, European Commission finds that CISAC's EEA members have infringed Article 81). Source: European Parliament press release, 25 September 2008. | Legal update: archive | 25-Sep-2008 |
| 383 | Discussion and consultation on barriers to online retailing On 17 September 2008, the European Commission hosted a consumer and industry roundtable discussion with consumer and industry representatives. The Commission has published an issues paper on the matters discussed and has invited comments on this. In particular, the issue of whether the current competition rules relating to vertical agreements need to be amended to reflect the realities of online trading has been raised for consideration. Competition Commissioner Neelie Kroes has stated her intention to understand whether the competition rules present a barrier to online trading and, if so, to take action to rectify this. | Legal update: archive | 17-Sep-2008 |
| 384 | Advocate General's opinion on application of Article 82 to ... On 11 September 2008, Advocate General Trstenjak gave an opinion on a reference from the Swedish Market Court (Marknadsdomstolen) asking whether the remuneration model applied by a copyright management organisation for rights to music in television broadcasts breaches Article 82 of the EC Treaty. | Legal update: archive | 11-Sep-2008 |
| 385 | IPO invites views on EC Green Paper on copyright in the ... The UK Intellectual Property Office (IPO) has sent an email to interested parties which says that the IPO will take into account any representations relating to the European Commission's Green Paper on copyright in the knowledge economy (see Legal update, European Commission publishes Green Paper on copyright in the knowledge economy) when it submits its own response to the Commission's consultation on the paper. It adds that any such comments should be provided by mid-October, although it may be able to take account of later submissions. The email also asks for the IPO to be copied in on any consultation responses that are submitted directly to the Commission. Comments should be sent to stephanie.parry@ipo.gov.uk.Source: ICO email alert, 2 September 2008. | Legal update: archive | 02-Sep-2008 |
| 386 | Trinidad and Tobago accedes to WIPO treaties The Republic of Trinidad and Tobago acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 28 August 2008. Both treaties will enter into force in Trinidad and Tobago on 28 November 2008.Source: WIPO, WCT notification 70 and WPPT notification 72, 28 August 2008. | Legal update: archive | 28-Aug-2008 |
| 387 | Turkey accedes to WIPO treaties The Republic of Turkey acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 28 August 2008. Both treaties will enter into force in Turkey on 28 November 2008.Source: WIPO, WCT notification 69 and WPPT notification 71, 28 August 2008. | Legal update: archive | 28-Aug-2008 |
| 388 | Consultation: illicit file-sharing The Department for Business, Enterprise and Regulatory Reform has issued a consultation on legislative options for addressing illicit peer-to-peer file-sharing. | Legal update: archive | 26-Aug-2008 |
| 389 | EU proposals on copyright term The European Commission has published a proposal on extending the copyright term for sound recordings and co-written musical works. | Legal update: archive | 26-Aug-2008 |
| 390 | IPO publishes summary of responses to consultation on ... The UK Intellectual Property Office (IPO) has published a summary of the responses it has received to its consultation paper on how the Gowers Review recommendations on exceptions to copyright might be implemented in the UK (see Legal update, IPO consults on proposed changes to copyright exceptions). According to the summary, user groups were generally in favour of the new or extended exceptions proposed in the consultation. Rights-holders supported some of the proposals, but considered that there should be limits on the extent of the proposed exceptions. The majority of respondents were in favour of the format-shifting exception. However, there was disagreement, among other things, on the types of content that should be covered by this exception. The music and publishing industries were not in favour of extending the private study and research exception, and creators and rights-holders were opposed to the introduction of a parody exception. The IPO has indicated that it will issue a formal response by way of second consultation later this year.Source: IPO announcement, 22 August 2008. | Legal update: archive | 22-Aug-2008 |
| 391 | US appeals court holds that breaches of open-source licence ... A US appeals court has held that use of open-source software that contravened conditions in the licence under which the software was distributed was copyright infringement rather than merely a breach of contract. It rejected the argument that because the software was distributed free of charge, the owner had no economic rights to enforce, stating that open-source licensing brought other economic benefits to the copyright owner even where no royalty was charged. This case is important as being the first clear appellate decision from the US that open-source licence restrictions are generally enforceable and that normal copyright rules apply to such licences. Case: Jacobsen v (1) Katzer and (2) Kamind Associates Inc., 13 August 2008. | Legal update: archive | 13-Aug-2008 |
| 392 | IPO consultation on penalties for copyright infringement The UK Intellectual Property Office (IPO) has launched a consultation on the penalties for copyright infringement following the recommendation of the Gowers Review that penalties for online and physical copyright infringement should match, and a subsequent report by the Department for Culture, Media and Sport which announced the government's intention to consult on such penalties. The IPO puts forward three options: making no change in the law (and continuing to rely on the Proceeds of Crime Act 2002 to tackle infringement); increasing the fines available in the Magistrates' Court from a maximum of £5,000 to £50,000 for copyright offences; and increasing fines in a similar way for all IP-related offences. The latter option is most likely to appeal to rights-holders, but it leaves the custodial sentences for copyright offences unchanged: the maximum sentence in the Crown Court for those who commit online infringement by communicating a work to the public would still be only two years, compared to ten years for commercially dealing in or distributing infringing goods. | Legal update: archive | 11-Aug-2008 |
| 393 | IPO publishes booklet on licensing IP The UK Intellectual Property Office (IPO) has published a booklet entitled How licensing intellectual property can help your business. The booklet contains an introduction to the concept of licensing intellectual property (IP), and explains why businesses grant and take IP licences. It also includes a helpful checklist of the common issues to consider before entering into a licence agreement, such as the rights to be granted, IP protection, warranties and confidentiality. The booklet was produced by the IPO-led Business-to-Business Licensing Working Group. The group was set up in response to the Gowers Review of Intellectual Property, which highlighted the fact that UK businesses experienced problems with IP licensing.Source: IPO press release, 1 August 2008. | Legal update: archive | 01-Aug-2008 |
| 394 | Study on Radiohead's album download experiment published A paper examining the success of Radiohead's experimental release of their album, In Rainbows, via their website on a pay-what-you-want basis, has been published. The paper, written by Will Page, Chief Economist at the MCPS-PRS Alliance and Eric Garland, Chief Executive of BigChampagne Media Measurement (an online media measurement company) considers whether Radiohead's release of the album potentially "for free" succeeded in sending traffic away from illegal download sites to the band's website, by examining the amount of illegal torrent downloads of In Rainbows in the period following the album's October 2007 release. The report found that the amount of illegal downloads of In Rainbows very substantially exceeded the estimated amount of downloads from the band's website. The authors say reasons for this may include that consumers prefer, all other things being equal, to use the download websites they are accustomed to, and because they can remain anonymous on such sites. However, the authors also argue that, in fact, illegal torrent downloads and legal downloads should be seen as complements not competitors because, among other things, the publicity generated both via Radiohead's official website and downloads from illegal sites increased sales of tour tickets and box sets of the album. Source: MCPS-PRS Economic insight, Issue 10, 29 July 2008. | Legal update: archive | 29-Jul-2008 |
| 395 | Copyright: modchips conviction quashed The Court of Appeal has quashed a conviction arising out of the importation and sale of modchips to enable playing of pirate computer games on games consoles. | Legal update: archive | 28-Jul-2008 |
| 396 | Copyright: settlement agreement The High Court has upheld the terms of a settlement agreement between former members of a band governing copyright ownership in six songs. | Legal update: archive | 28-Jul-2008 |
| 397 | Government consults on solutions to illicit file-sharing The Department for Business Enterprise & Regulatory Reform (BERR) has issued a consultation paper on legislative options for addressing illicit peer-to-peer file-sharing of online content such as music and films. Responses are due by 30 October 2008. The government's preferred option is to foster a co-regulatory system, under which internet service providers (ISPs) and content providers would agree codes of practice (to be approved by Ofcom) setting out a procedure for taking action against persistent infringers. New regulations would require ISPs to have appropriate procedures in place to implement the codes of practice. The consultation paper also describes alternative regulatory solutions and includes a voluntary Memorandum of Understanding - which has reportedly been signed by the government, the BPI, the six biggest UK ISPs and the Motion Picture Association - agreeing to work on drawing up codes of practice and improve consumers' access to legitimate downloads of material. | Legal update: archive | 24-Jul-2008 |
| 398 | Regulatory Enforcement and Sanctions Bill receives Royal ... The Regulatory Enforcement and Sanctions Bill received Royal Assent on 23 July 2008. The Regulatory Enforcement and Sanctions Act 2008 is largely identical to the Bill introduced in the House of Lords (see Legal update, Regulatory Enforcement and Sanctions Bill introduced in House of Lords for a detailed report on the Bill). The main substantive change relevant to the intellectual property, information technology and communications sectors concerns the procedure for imposing fixed monetary penalties, one of the new civil sanctions which the Act allows ministers to confer by statutory instrument on certain regulators, including the Information Commissioner and Ofcom. Broadly, the changes mean that instead of imposing a fixed penalty payment notice, a regulator must first serve a "notice of intent" indicating that it intends to impose a penalty (section 40 of the Act). The person notified can then make objections or pay a discharge payment, failing which a final notice may be served. More minor changes include a new provision requiring regulators empowered with civil sanctions under the Act to publish certain information about the sanctions imposed (section 65 of the Act). The Department for Business Enterprise and Regulatory Reform has published guidance on the Act and has indicated on its website that Parts 1, 3 and 4 will commence on 1 October 2008, with Part 2 commencing on 6 April 2009. Source: Regulatory Enforcement and Sanctions Act 2008. | Legal update: archive | 23-Jul-2008 |
| 399 | Patents County Court awards damages for unlawful computer ... In a case for which a transcript is not yet available, the Patents County Court has awarded Topware Interactive Inc. over £6,000 in damages and costs of £10,000 for copyright infringement against an individual defendant who made a pinball computer game available to other users over a computer file-sharing network. This case illustrates that some games developers are prepared to adopt a more aggressive attitude towards individuals involved in file-sharing. According to press reports, the lawyers acting for Topware and other games developers have said they will apply to the High Court to require internet service providers to release the names and addresses of 7,000 suspected file-sharers, who will only avoid legal proceedings if they agree a settlement payment of £300. As well as pursuing civil remedies, rights-holders are awaiting the outcome of the consultation on illicit file-sharing currently being undertaken by the Department for Business Enterprise & Regulatory Reform (see Legal update, Government consults on solutions to illicit file-sharing).Source: BBC news report, 19 August 2008. | Legal update: archive | 22-Jul-2008 |
| 400 | Ministry of Justice publishes response on fast-track limit for IP ... Following the Department for Constitutional Affairs' consultation on case-track limits and the claims process for personal injury claims (see Legal update, DCA consults on raising fast-track limit for IP and other cases), the Ministry of Justice has published a post-consultation report. The consultation covered a number of intellectual property (IP) issues as a result of a recommendation made in the Gowers Review (see Legal update, Gowers Review of Intellectual Property published, General IP). The report records substantial support for an increase in the fast-track limit from £15,000 to £25,000. A number of respondents to the consultation suggested various improvements which could be made to the handling of IP claims. The majority of IP respondents focused on issues relating to the judiciary and a quarter of respondents called for an increase in the use of mediation. The government endorses the use of mediation and intends to follow up on comments that claimants are being deterred from bringing low value IP claims due to high legal costs. In relation to IP claims, the government plans to consult with the judiciary on whether all IP claims should be allocated to the multi-track procedure. Source: Ministry of Justice, Case-track limits and the claims process for personal injury claims, 21 July 2008. | Legal update: archive | 21-Jul-2008 |
| 401 | IPO consultation on European Commission's proposals to ... The UK Intellectual Property Office (IPO) is inviting comments on the European Commission's recent proposal to (among other things) extend the term of protection for sound recordings from 50 to 95 years, by amending the Copyright Term Directive (2006/116/EC) (see Legal update, European Commission publishes proposals on term of copyright for sound recordings and co-written musical compositions). The Commission did not formally invite comments on its proposal, but the IPO seems keen to respond, and in its press release refers to a statement by the minister for intellectual property, Baroness Delyth Morgan, that as copyright represents a monopoly, the IPO needs to be very clear that the circumstances justify an extension and will consider the proposals very carefully. The Gowers Review urged against any extension of the term, finding that this would have a negative impact on consumers and industry in the UK (see Legal update, Gowers Review of Intellectual Property published). Anyone wishing to comment on the proposals should contact the IPO by the end of August 2008, using the contact details given in the press release.Source: IPO, press release, 18 July 2008. | Legal update: archive | 18-Jul-2008 |
| 402 | European Commission finds that CISAC's EEA members have ... The European Commission found that various clauses concerning membership and territory contained in reciprocal representation contracts between members of the collecting society, CISAC infringed Article 81(1) of the EC Treaty. Broadly, the Commission found that the effect of the provisions was that copyright owners could only become members of their national collecting society, and that collecting societies could only offer licences to commercial users within their own territory, so that users had negotiate with each individual national collecting society rather than being able to obtain a multi-territory licence. The decision will be welcomed by those who routinely need to acquire pan-European licences, such as broadcasters and online music providers. The Commission says that it the decision will also benefit rights-holders, who will now be able to choose which collecting society represents them, since it will encourage collecting societies to improve quality and efficiency. | Legal update: archive | 16-Jul-2008 |
| 403 | European Commission publishes Green Paper on copyright in ... As part of the European Commission's ongoing review of the Directive on the harmonisation of certain aspects of copyright and related rights in the information society (2001/29/EC) it has published a Green Paper to solicit feedback from stakeholders on the existing copyright exceptions in the Directive and their impact on the dissemination of knowledge for research, science and education purposes in the online environment. The paper poses a number of questions on the general scope and impact of the current exceptions and raises specific issues on the application of the exceptions to libraries and archives; disabled users; teachers and researchers; and owners of user-generated content. | Legal update: archive | 16-Jul-2008 |
| 404 | European Commission publishes proposals on term of ... The European Commission has published a proposal to extend the term of protection for sound recordings from 50 to 95 years. A proposed amendment to the Copyright Term Directive (2006/116/EC) would include a series of measures aimed at ensuring that session musicians benefit from the extended term. The Commission also proposes that the term of protection of a musical composition should expire 70 years after the death of the last surviving author, be it the author of the lyrics or the composer of the music. This proposal has been welcomed by music industry representatives, but will be opposed by others who believe that music should be freely available after the current 50-year term. | Legal update: archive | 16-Jul-2008 |
| 405 | High Court refers further questions to ECJ in satellite ... The High Court has referred to the ECJ for a preliminary ruling a number of issues raised in an appeal against a pub landlady's conviction for infringing section 297(1) of the Copyright, Designs and Patents Act 1988 (CDPA) by screening a broadcast of live UK Premier League football matches received from a Greek broadcaster who had the rights to screen such matches in Greece, rather than from BSkyB which held the UK rights. The prohibition on the Greek broadcaster's service was based on a contractual export restriction relating to decoder cards. The questions referred concerned whether the relief sought via the CPDA was compatible with the Conditional Access Directive (98/84/EC) and EC Treaty provisions providing for free movement of goods and freedom to provide services, and the legal test a national court should apply in deciding whether an export restriction engaged Article 81 of the EC Treaty, which prohibits agreements preventing or restricting competition. The court commented that it might be possible for the questions to be joined to those referred by the High Court in July 2008, in FA Premier League v QC Leisure [2008] EWHC 1411 (Ch), which also concerned satellite broadcasting and concerned similar issues. Case: Karen Murphy v Media Protection Services Limited [2008] EWHC 1666 (Admin), 16 July 2008. | Legal update: archive | 16-Jul-2008 |
| 406 | Serious Crime Act Appeals Order published The Serious Crime Act 2007 (Appeals under Section 24) Order 2008 (SI 2008/1863) has been published. The Order, which comes into force on 18 August 2008, sets out the procedure for appeals and related matters on costs in relation to serious crime prevention orders made in the Crown Court under Part 1 of the Serious Crime Act 2007. "Serious crime" for these purposes includes various trade mark- and copyright-related offences, as well as offences relating to online security; for more information on the relevant provisions of the Act, see Legal update, Serious Crime Act 2007 receives Royal Assent. Source: Serious Crime Act 2007 (Appeals under Section 24) Order 2008. | Legal update: archive | 15-Jul-2008 |
| 407 | European Parliamentary committees vote on telecoms reform ... Two Parliamentary committees, the Committee of Industry, Research and Energy (the Industry Committee) and the Committee on the Internal Market and Consumer Protection (the Consumer Committee), have voted to adopt reports on the European Commission's November 2007 proposals for reform of the EC telecoms regulatory framework. The Industry Committee's report considers the Directive that will amend the Framework Directive (2002/21/EC, OJ 2002 L108/33), the Access Directive (2002/19/EC, OJ 2002 L108/7) and the Authorisation Directive (2002/20/EC, OJ 2002 L108/21). The Consumer Committee's report considers the Directive that will amend the Universal Services Directive (2002/22/EC, OJ 2002 L108/51), the Privacy Directive (2002/58/EC, OJ 2002 L201/37) and Regulation 2006/2004 on consumer protection co-operation (OJ 2004 L 364). Some of the proposed amendments promoting cooperation between communication service providers and copyright owners in relation to information about unlawful online activities have attracted considerable controversy. Critics argued that their ambiguous wording may be interpreted in a way which would require ISPs to enforce copyright laws against their users. However, representatives of the Consumer Committee have denied this allegation. PLC IPIT & Communications will publish a detailed account of the Committees' reports as soon as they are published in full. Source: European Parliament press releases on Industry Committee vote and Consumer Committee | Legal update: archive | 07-Jul-2008 |
| 408 | IPO consults on changes to copyright exemptions for music ... The UK Intellectual Property Office has launched a consultation on a number of copyright exemptions that allow charities and not-for-profit organisations to play copyright-protected sound recordings in public without paying a licence fee. The consultation paper seeks views on three alternative options: the repeal of the exemptions; the recasting of the exemptions; and the replacement of the exemptions with a system of equitable remuneration. The first two proposals have converse advantages and disadvantages for rights-holders and users respectively, while the third option might create uncertainty about how agreement would be reached on remuneration levels. It will be interesting to see how stakeholders respond to the consultation and how the government analyses the responses before proceeding with one of the proposals. | Legal update: archive | 01-Jul-2008 |
| 409 | IPO consults on extension to derogation for artist's resale right The UK Intellectual Property Office (IPO) is consulting on the UK's current derogation from Directive 2001/84 on artist's resale rights which means that the right only applies in the UK to works by living artists. The derogation will expire on 1 January 2010 unless the UK seeks a further two-year extension from the European Commission. The IPO favours an extension for two principal reasons: it will allow the relevant administrative systems to develop before they have to cope with an increase in the number of payments which will be due under the expanded right; and it will provide time for the international playing field to level out. | Legal update: archive | 30-Jun-2008 |
| 410 | High Court finds that use in funding application did not infringe ... The High Court has dismissed an action for copyright and trade mark infringement against Devon County Council (DCC) arising from its use of material in an application for regional funding, and has upheld a counterclaim for invalidation of the claimant's trade mark. The judge found that copyright in a booklet could not have been infringed, as DCC had not copied a substantial part of it, but that DCC had potentially infringed copyright in one of 32 slides. However, infringement had not occurred, because the claimant had made an earlier application for funding with DCC's support and the circumstances were such that he had in any event licensed DCC to use the material. Furthermore, DCC had only used the trade mark DEVONSHIRE FLAVOUR (registered for food and drinks) on documents, which the judge held was not use in the course of trade under the Trade Marks Act 1994. He also held that the trade mark was "hopelessly invalid" under section 3(1)(c) of the Act as there could hardly be a better phrase to describe the excellence of food and drink in Devonshire. This case illustrates the dangers of bringing a trade mark infringement action on the basis of a weak trade mark which can end up being declared invalid.Case: Kenneth Campbell (t/a Hp-c Associates) v Devon County Council, [2008] EWPCC 2, 26 June 2008. | Legal update: archive | 26-Jun-2008 |
| 411 | Government publishes response to report on Copyright ... The government has published its response to the Innovation, Universities and Skills Committee's 2008 report on the Copyright Tribunal. The Committee's report, which was largely based on the review of the Tribunal carried out by the UK Intellectual Property Office (IPO) in 2007 (see Legal update, IPO publishes review of Copyright Tribunal), levelled a number of criticisms at the Tribunal and at the IPO's failure to reform its operation and workings. The government accepts that there is a good case for improving the Tribunal's flexibility, efficiency and ability to operate more economically. However, the government proposes a measured approach to reform; for example, it plans to consult on the possibility of extending the Tribunal's remit. It also favours waiting for the outcome of the European Commission's consultation on orphan works before settling its policy on the licensing of such works. In terms of more immediate reforms, the government supports the call for improvements in advice and guidance for users of the Tribunal. To this end it proposes the establishment of a new Copyright Tribunal Registry, to be based at the IPO in London. Source: Government's response to the Innovation, Universities, Science and Skills Committee report on the Copyright Tribunal, 16 June 2008. | Legal update: archive | 16-Jun-2008 |
| 412 | Virgin Media and BPI send letters to customers about illegal ... Virgin Media and the BPI (the British record industry's trade association) have announced an "education campaign" to help Virgin Media's broadband customers to download music legally. As part of the campaign, "informative letters" from both Virgin Media and the BPI will be sent to customers whom the BPI have identified as appearing to have used their accounts to distribute music illegally. Both letters will actually be sent by Virgin Media, without the customers' names or addresses being disclosed to the BPI. Virgin Media will also provide information about illegal downloads on its website. Virgin Media is thought to be the first internet service provider (ISP) to warn customers about illegal downloads in this way. The development will be welcomed by UK rights-holders, who have been in talks with ISPs regarding a voluntary scheme for cooperating in taking action on illegal file-sharing. In February 2008, the government threatened to introduce legislation on this issue if voluntary agreement was not reached (see Legal update, DCMS creative industries report includes threat to legislate on ISP action against illegal file-sharers). It will be interesting to see whether this move by Virgin Media is a precursor to any further cooperation with the BPI on illegal file-sharing, and whether any other ISPs become involved in similar campaigns. Source: BPI press release, 6 June 2008. | Legal update: archive | 06-Jun-2008 |
| 413 | European digital library experts report on digital preservation ... As part of its digital libraries initiative, the European Commission has published a final experts' report on digital preservation, orphan works and out-of print works; a memorandum of understanding on diligent search guidelines for orphan works signed by representatives of libraries, archives and rights-holders; and an experts' report on public-private partnerships for the digitisation and online accessibility of Europe's cultural heritage. The reports contain a number of recommendations for EU member states, rights-holders and libraries to consider, and build on the principles set out in the Commission's 2006 Recommendation on digitisation and online accessibility. The Memorandum of Understanding and its annexed reports provide an example of pragmatic co-operation between rights-holders and libraries to enable the initiative to progress. | Legal update: archive | 04-Jun-2008 |
| 414 | UK private-copying rules: for your eyes only Both Andrew Gowers in his review of intellectual property and the UK Intellectual Property Office recommend that a private copying exception be introduced in the Copyright, Designs and Patents Act 1988 for format shifting, but do not recommend that rights holders be compensated for the private copies made. Meanwhile, copyright levies are currently a hot topic in Europe. | Legal update: archive | 27-May-2008 |
| 415 | Copyright: distribution right The European Court Justice has ruled that there was only a distribution to the public within Article 4(1) of the Copyright Directive where there was a transfer of ownership. | Legal update: archive | 23-May-2008 |
| 416 | Copyright: excessive delay The Court of Appeal has ruled that a claimant's excessive and inexcusable delay barred his claim to a share of copyright in a hit single. | Legal update: archive | 28-Apr-2008 |
| 417 | High Court dismisses copyright infringement claim over ... The High Court has dismissed a claim that The Dalek Survival Guide (the Guide), which was published by BBC Worldwide Limited in 2002, infringed the copyright of JHP Limited, whose predecessor in title, Souvenir Press Limited, had published three books about the Daleks in the 1960s. The court ruled that a written agreement between Souvenir Press and Terry Nation, who created the Daleks and who wrote the early Dr Who television series, amounted to a limited licence to publish, rather than an assignment of Mr Nation's copyright. The language of the agreements, and the fact that royalties were payable, strongly suggested a licence. The judge thought it was "inherently improbable" that Mr Nation, who died in 1997, would have assigned his copyright to Souvenir Press. He held that a clause under which the granted rights reverted to Mr Nation in the event of the publisher's default, while suggestive in some circumstances of an assignment, had to be read in the context of the agreement as a whole. BBC Worldwide had a defence under section 101(3) of the Copyright, Designs and Patents Act 1988 as Mr Nation's estate had consented to the publication of the Guide. In any event, the material in the Guide did not amount to a substantial reproduction of the 1960s books. Case: JHP Limited v BBC Worldwide Limited and Trustees of the Estate of Terry Nation [2008] EWHC 757 (Ch), 16 April 2008. | Legal update: archive | 16-Apr-2008 |
| 418 | Yemen accedes to Berne Convention The Republic of Yemen acceded to the Berne Convention for the Protection of Literary and Artistic Works on 14 April 2008. The instrument of accession states that Yemen will avail itself of the limitations on the right of translation and the right of production under Articles I and II respectively of the Appendix to the Berne Convention. Its membership of the Convention will take effect on 14 July 2008.Source: WIPO Treaty notification, 21 April 2006. | Legal update: archive | 14-Apr-2008 |
| 419 | European Parliament advises against criminalisation of ... The European Parliament has adopted a report on the cultural industries in Europe which, among other things, rejects the idea of making consumer (that is, non-profit-making) file-sharing a criminal activity. The report, which is non-binding but will be taken into account by the European Commission when it considers its legislative programme, also addresses matters such as the desirability of extending broadband networks into less densely-populated areas, the need for telecoms operators and internet service providers to participate in developing new models to remunerate rights-holders for use of their works, and the idea of reducing the level of VAT on cultural products, including online works. Source: European Parliament vote, 10 April 2008. | Legal update: archive | 10-Apr-2008 |
| 420 | UK music industry calls for rights-holders to be remunerated ... The Music Business Group, a music industry coalition which represents the full range of participants in the music business, and includes the British Phonographic Industry, the MCPS-PRS alliance, Phonographic Performance Limited and other organisations, has submitted its response to the UK Intellectual Property Office's (IPO) consultation on implementing the Gowers Review recommendations on exceptions to copyright (see Legal update, IPO consults on proposed changes to copyright exceptions). The response calls for the licensing of private offline copying in order to create a new revenue stream for rights-holders. Licences would be negotiated between rights-holders and those who manufacture and distribute devices that are substantially used or marketed for making copies of music, such as MP3 players. Source: Music Business Group, Response to UK IPO consultation on copyright exceptions, 8 April 2008. | Legal update: archive | 08-Apr-2008 |
| 421 | IPO publishes report on impact of artist's resale right on UK art ... The UK Intellectual Property Office has published a report which it commissioned into the impact of the artist's resale right on the UK art market. The right, which was introduced by the Artist's Resale Right Regulations 2006 in February 2006, entitles authors of original works of art to a royalty when their work is resold for EUR1,000 or more in a sale involving an art-market professional (see Legal update, Regulations on artist's resale right laid before Parliament for more details). The report was prepared by the Intellectual Property Institute, and it examines the costs and benefits of the right for UK artists and the UK art market. The report's major findings include that there is no evidence that the right has diverted business away from the UK art market, or reduced prices. However, the report notes that although the administrative burden of the right does not seem to have been excessive for most businesses, there have been a number of problems in administering the right, associated with difficulties in establishing the nationality of artists (only nationals of the EEA or certain other specified states may benefit from the right) and calculating the royalties due in euros. Source: IPO press release, 2 April 2008. | Legal update: archive | 02-Apr-2008 |
| 422 | Switzerland ratifies WCT and WPPT The Swiss Confederation ratified the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 31 March 2008. The treaties will enter into force in Switzerland on 1 July 2008. Source: WCT notification and WPPT notification, 16 April 2008. | Legal update: archive | 31-Mar-2008 |
| 423 | Legislation taking effect in April 2008: IP, IT and ... Legislation relevant to intellectual property, information technology and communications will take effect during the first of the twice-yearly standard periods for commencement in early April 2008. Among other things, the legislation covers the forthcoming auction of the 1452-1492 MHz radio-spectrum band; changes to the copyright licensing scheme for schools and colleges; the publication of a revised consolidated list of countries afforded protection by the Copyright, Designs and Patents Act 1988; new powers allowing public auditors to conduct data-matching exercises to assist in the prevention and detection of fraud; the introduction of a new method for execution of documents by companies; the introduction of powers enabling the High Court to impose serious crime prevention orders on those involved in serious crime, including certain criminal offences relating to copyright and trade marks; and the launch of a new fast-track trade mark registration system. | Legal update: archive | 26-Mar-2008 |
| 424 | Revised consolidated list of countries protected by CDPA laid ... The government has laid before Parliament the Copyright and Performances (Application to Other Countries) Order 2008. The Order includes a revised consolidated list of countries which are afforded protection by the Copyright, Designs and Patents Act 1988, and follows the accession of a number of countries to various conventions and treaties. | Legal update: archive | 13-Mar-2008 |
| 425 | CLA to launch new collective digital licences The Copyright Licensing Agency (CLA) has announced that it will shortly be launching a series of new collective digital licences that will permit copying from digital publications, subject to clear restrictions and guidelines, as well as limited photocopying and scanning of such publications. Publishers who want to allow their material to be made available under the new digital licences, in order to benefit from a share in the additional licence fee income collected by the CLA, need to opt in to the scheme. Copies of the relevant opt-in forms are available on the website of the Publishers Licensing Society (PLS). By using the opt-in forms, PLS members can agree to the inclusion of their digital repertoire in international collective licences which the CLA agrees with other members of the International Federation of Reprographic Rights Organisations, or in collective licences for UK public administrative bodies, UK businesses other than the Association of the British Pharmaceutical Industry (ABPI), or members of the ABPI. Source: CLA press release, 7 March 2008. | Legal update: archive | 07-Mar-2008 |
| 426 | First reading for Private Members' Bill to extend copyright term ... The Copyright in Sound Recordings and Performers' Rights (Term Extension) Bill (Bill) has had its first reading in the House of Commons. The published text of the Bill, introduced as a presentation Bill by Peter Wishart MP, proposes a 95-year term of protection for sound recordings. The Bill supersedes a previous Bill introduced by Mr Wishart (as a ballot Bill) in the House of Commons in December 2007 (see Legal update, Private Members' Bill to extend copyright term for sound recordings). The chances of success for the Bill should be considered in light of the UK government's rejection of a recommendation in a House of Commons Select Committee report for an extension of the period of copyright protection for sound recordings to 70 years (see Legal update, Government publishes response to Select Committee report on new media and creative industries: copyright and media issues). However, the call for an extension of this copyright term recently received support at EU level when Charlie McCreevy, the EU Commissioner for the Internal Market and Services, announced his intention to propose that the term in the EU be extended to 95 years (see Legal update, EU Internal Market Commissioner proposes 95-year copyright term for sound recordings). The second reading of the Bill is scheduled for 7 March 2008. Source: Copyright in Sound recordings and Perfomers' Rights (Term Extension) Bill, 26 February 2008. | Legal update: archive | 26-Feb-2008 |
| 427 | DCMS creative industries report includes threat to legislate on ... The Department for Culture, Media and Sport has published a report on supporting creative industries which includes a number of commitments to foster and protect intellectual property (IP). Among other things, the government says that it will consult on legislation to require internet service providers and rights-holders to cooperate in taking action on illegal file-sharing, with a view to implementing legislation by April 2009 if a voluntary industry agreement is not reached. The report says that the government will also consult on legislation to introduce exceptional summary maxima (above £5000) in magistrates' courts for online and physical copyright offences, and also outlines an action plan to be undertaken by the UK Intellectual Property Office to improve the enforcement of IP rights. | Legal update: archive | 22-Feb-2008 |
| 428 | Court of Appeal allows franchisor to claim for loss of franchise ... The Court of Appeal has partly upheld an appeal by a claimant against the High Court's decision to dismiss his claim relating to the loss of his franchisees (see Legal update, High Court considers consent defence to trade mark and passing off claims). The Court of Appeal held that the judge in the High Court was entitled, on the basis of the evidence before him, to take the view that the claimant had consented to his supplier selling certain products under the claimant's trade mark directly to the claimant's franchisees when he was unable to do so. However, until the extent of the supplier's infringement of trade marks and breach of the consent agreement were known, the judge in the High Court could not rule on whether the supplier's conduct had caused the loss of the claimant's franchisees, or whether this had been caused by the claimant's financial status and consequent inability to supply them. The Court of Appeal concluded that the claimant should not be prevented from seeking to establish that his loss of business flowed from his supplier's conduct, but that the claimant should not be too encouraged by this decision as it seemed unlikely that the claimant would be able to establish that, if the consent agreement had been adhered to, he would have been able to maintain his business and survive with his network of franchisees intact. Source: Gary Fearns t/a Autopaint International v Anglo-Dutch Paint & Chemical Company Limited & Ors [2008] EWCA Civ 99, 19 Februa | Legal update: archive | 19-Feb-2008 |
| 429 | EU Internal Market Commissioner proposes 95-year copyright ... Charlie McCreevy, the EU Commissioner for the Internal Market and Services, has announced his intention to propose that the term of copyright protection for sound recordings in the EU be extended to 95 years. The proposal, which needs the support of a majority of member states, is likely to be opposed by the UK government. | Legal update: archive | 14-Feb-2008 |
| 430 | European Commission re-launches consultation on copyright ... The European Commission has launched a further public consultation on copyright levies, which follows on from its previous consultations in 2004 and 2006. In the consultation, the Commission is not questioning the entitlement of rights-holders to receive compensation for losses due to private copying, but it is looking for a uniform approach among EU member states as to how levies are applied and how to relate the level of levies to the loss suffered by rights-holders. The Commission intends to follow this with a public meeting in June 2008, to see if a common approach can be developed. The UK is one of the few member states that does not currently have a private-copying exception, but in December 2006 the Gowers Review recommended the introduction of a limited private-copying exception for format-shifting, and in January 2008 this was followed up by the UK Intellectual Property Office with a consultation on proposed legislative changes to the copyright exceptions. | Legal update: archive | 14-Feb-2008 |
| 431 | European Commission report on monitoring recommendation ... The European Commission has published a report summarising the results of its monitoring of the development of Europe's online music industry, in the light of the Commission's recommendation on collective cross-border management of copyright and related rights for legitimate online music services (2005/737/EC). There was a wide divergence of views among the various interested parties, with the majority of those representing rights-holders opposed to legislation, whereas users favoured some form of legislation. The report notes recent EU-wide licensing initiatives and that the Commission will continue to monitor future developments. The diversity of responses illustrates the difficulty in finding a consensus among interested parties and brings into question whether the Commission's "soft law" approach of issuing a recommendation can succeed without a more binding legislative approach. Source: European Commission report, 7 February 2008. | Legal update: archive | 07-Feb-2008 |
| 432 | ECJ considers whether EC law requires ISPs to disclose file ... The ECJ has held that Community law does not require member states to oblige internet service providers (ISPs) to disclose details of suspected file-sharers to enable a copyright owner to bring civil proceedings. However, it said that Community law required that, when transposing the E-Privacy Directive (2002/58/EC) (which requires protection of personal data but permits exemptions to protect the rights of others) and various directives requiring effective enforcement of intellectual property rights, member states had to interpret them to allow a fair balance between the various fundamental Community rights, including the rights to property, effective judicial protection and protection of personal data. Further, in implementing the relevant national law, national courts had to interpret it in a manner consistent with those directives and in a way which did not conflict with those fundamental rights or principles of Community law, such as the principle of proportionality. The decision will disappoint copyright owners insofar as it means they cannot invariably invoke Community law to require ISPs to disclose information for the purpose of civil enforcement proceedings. However, it does leave open the possibility that national courts may deem such disclosure to be required in appropriate cases, applying the ECJ's guidance as to how national law should be interpreted. Case: Productores de Música de España (Promusicae) v Telefónica de España SAU, 29 January 2008. | Legal update: archive | 29-Jan-2008 |
| 433 | Consultation: copyright exceptions The UK Intellectual Property Office is consulting on proposed changes to copyright exceptions. | Legal update: archive | 28-Jan-2008 |
| 434 | IFPI publishes report on digital-music business for 2007 The International Federation of the Phonographic Industry (IFPI) has published a report which provides a comprehensive review of the international digital-music market in 2007 and discusses the current challenges faced by the industry. The report shows that although sales of digital music are continuing to escalate, piracy remains a problem, and the IFPI calls on internet service providers in particular to assist in tackling illegal downloading. | Legal update: archive | 25-Jan-2008 |
| 435 | High Court dismisses application by FA Premier League for ... On 18 January 2008, the High Court rejected an application by the Football Association Premier League Limited (FA Premier League) for summary judgment on a defence based on Article 81 of the EC Treaty. The FA Premier League has brought actions against a number of defendants for breach of copyright and other rights by supplying or using equipment that allows receipt in the UK of non-UK broadcasts of English football matches. The High Court held that a defence based on Article 81 of the EC Treaty raises issues which should be heard at trial. The Court also rejected an application that the Article 81 defence be stayed until after the trial of the remainder of the issues. | Legal update: archive | 18-Jan-2008 |
| 436 | Advocate General considers distribution right in Copyright ... In a reference from the German courts, Advocate General Sharpston has delivered an opinion in which she applied a narrow interpretation to Article 4(1) of the Copyright Directive (2001/29/EC), concluding that it did not apply where pieces of copyright-protected furniture were either made available for temporary use by third parties without those third parties having the right to dispose of them, or were displayed in shop windows without the public being able to use or acquire them. The reference was based on the assumption that the items of furniture were not protected either by copyright or design right at the time of their purchase by the German retailer from an Italian manufacturer; indeed, if they had been, it is unlikely that the rights-holder would have sought to rely on the distribution right in the Copyright Directive. Case: Peek & Cloppenburg KG v Cassina SpA, Case C-456/06, 17 January 2008. | Legal update: archive | 17-Jan-2008 |
| 437 | Commission closes proceedings in respect of iTunes territorial ... On 9 January 2008, the European Commission announced that it has decided to close proceedings against Apple in relation to alleged agreements between it and a number of record companies restricting music sales (via iTunes on-line stores) by imposing territorial restrictions. | Legal update: archive | 09-Jan-2008 |
| 438 | IPO consults on proposed changes to copyright exceptions The UK Intellectual Property Office has published a consultation paper on proposed changes to copyright exceptions as part of the follow-up to the recommendations made in the Gowers Review of intellectual property. The paper sets out proposed changes to copyright that will introduce a format-shifting exception to allow consumers to copy legitimately purchased content to another format; enable schools and universities to maximise their use of digital technologies and facilitate distance-learning; allow libraries and archives to use technology to preserve valuable material; and provide a new exception for parody. Although the essence of the proposed new exceptions will be welcomed by many, not least because they represent an opportunity to bring copyright law into line with technological advances, the details of the proposals present many challenges for rights-holders and users. | Legal update: archive | 08-Jan-2008 |
| 439 | European Commission Communication on online content The European Commission has published a Communication on creative online content in the single market (following its 2006 consultation), which includes a further consultation with a view to preparing a draft recommendation in mid-2008 for adoption by the European Parliament and Council. The Communication focuses on four areas in which the Commission considers there is a need for further action at EU level: availability of creative content; multi-territory licensing for creative content; interoperability and transparency of digital rights management systems; and legal offers and piracy. The tone of the Communication is quite prescriptive in places, for example, in relation to the instigation of "codes of conduct" between internet service providers, rights-holders and consumers to ensure the availability of online content and adequate protection of copyrighted works. | Legal update: archive | 03-Jan-2008 |
| 440 | High Court upholds publican's conviction for receiving foreign ... The High Court has dismissed an appeal by a publican against her conviction for screening a broadcast of live UK Premier League football matches which she received from a Greek broadcaster who had the rights to screen such matches in Greece, rather than from BSkyB which held the UK rights from the Premier League. The High Court held that it would be wrong to determine whether a programme included in a broadcasting service was provided from a place in the UK by reference to the Satellite Broadcasting Directive (93/83EEC) and the cases decided under that Directive. Case: Karen Murphy v Media Protection Services Limited, 21 December 2007. NOTE: On 3 February 2011, the Advocate General gave her opinion in this case (see Legal update, Advocate General considers exclusive football satellite broadcasting rights). On 4 October 2011, the ECJ handed down its judgment in this case (see Legal update, ECJ rules foreign decoder cards can be used to view Premier League games in UK). On 24 February 2012, the High Court allowed the publican’s appeal in the light of the ECJ’s ruling (see Legal update, High Court allows publican's appeal following ECJ ruling in foreign decoder cards cases). (See details of PLC IPIT & Communications' policy on annotating case reports.) | Legal update: archive | 21-Dec-2007 |
| 441 | Private Members' Bill to extend copyright term for sound ... The Sound Recordings (Copyright Term Extension) Bill has had its first reading in the House of Commons. The Bill, which was introduced by Pete Wisehart MP as a Private Members' Bill, seeks to extend the term of copyright for sound recordings beyond 50 years. The question of extending the copyright term for sound recordings is a controversial one: the government recently rejected the House of Commons Culture, Media and Sport Committee's recommendation to press the European Commission to bring forward its proposals for an extension (see Legal update, Government publishes response to Select Committee report on new media and creative industries: copyright and media issues), and the earlier Gowers Review on intellectual property reached a similar conclusion. As Private Members' Bills generally have relatively little chance of becoming law, it will be interesting to see how this progresses. Its second reading is scheduled for 7 March 2008. Source: Parliament business website, 5 December 2007. | Legal update: archive | 05-Dec-2007 |
| 442 | New Resale Rights Society to collect levies on resale of ... The MCPS-PRS Alliance has announced that a new body called the Resale Rights Society (RRS), to be formed by early 2008, will collect a levy from resellers on the online sale of concert tickets. The proceeds of the levy will be split between promoters, booking agents, artists and songwriters. The RRS will also work on introducing a certification mark for ticket resale websites and producing a standard set of terms for the sale of concert tickets, which will contain a provision limiting the onward sale of tickets to RRS-approved resellers only. The move will be welcomed by the live-music industry, which has long complained that it should take a share of the proceeds of ticket resales. Source: MCPS-PRS Alliance press release, 4 December 2007. | Legal update: archive | 04-Dec-2007 |
| 443 | International tracking standard for audio-visual works ... The MCPS-PRS Alliance, the Producers' Alliance for Cinema and Television (PACT), and the web-based service Soundmouse, have announced the UK launch of the International Standard Audiovisual Number (ISAN) standard for registering and tracking audio-visual works, which will be operated by ISAN UK. ISAN is a voluntary numbering system for the identification of audio-visual works, the potential applications of which include tracking the use of audio-visual works; use in preventing piracy by verifying title registrations; and assisting collecting societies in the management of rights. The ISAN number allocated to a work will remain the same irrespective of the different formats in which the audio-visual work is then used. In addition to assisting UK customers in registering ISANs for audio-visual works such as television productions, television commercials and video games, ISAN UK is also providing a searching service across the global ISAN database. Source: MCPS-PRS Alliance press release, 29 November 2007; ISAN.org website. | Legal update: archive | 29-Nov-2007 |
| 444 | New internet standard for publishers to regulate content Members of the publishing industry, working together with search-engine operators, have created an industry standard known as Automated Content Access Protocol (ACAP), through which content owners can communicate permissions for access and use to online intermediaries. ACAP will be available to publishers from 29 November 2007. The organisations behind the creation of the new standard hope that it will give content owners the confidence to make more content available to users through search engines and other intermediaries. | Legal update: archive | 16-Nov-2007 |
| 445 | Government publishes response to Select Committee report ... The government has issued its response to the Public Administration Select Committee's 2006 report on the publication of political memoirs. The government largely agrees with the report's findings and accepts the need for improved clarity and certainty in the rules and procedures which govern publication. To this end, the government intends to clarify the contractual duties to clear works before publication and in some cases to require officials to assign copyright in future works. | Legal update: archive | 14-Nov-2007 |
| 446 | ECJ rules on enforceability of obligation to put collecting ... In a reference from an Italian court, the ECJ has followed the Advocate General's opinion (as fully reported in an earlier Legal update) and ruled that national laws, such as the requirement under Italian law to affix the sign SIAE (belonging to the Italian collecting society for authors and publishers) to CDs containing copyright works, constituted a technical rule which, if not notified to the EC Commission in accordance with the Directive on technical standards and regulations (98/34/EC), could not be invoked against an individual. The ECJ also ruled that a reference under the Rental Rights Directive (92/100/EEC) was inadmissible, as the reference from the referring court did not give sufficient background information to enable the court to make a ruling. Case: Procura della Repubblica presso il Tribunale civile e penale di Forlì v Karl Josef Wilhelm Schwibbert, Case C-20/05, 8 November 2007. | Legal update: archive | 08-Nov-2007 |
| 447 | Regulatory Enforcement and Sanctions Bill introduced in ... The Regulatory Enforcement and Sanctions Bill has had its first reading in the House of Lords. The Bill has been redrafted and restructured following consultation on a draft Bill earlier in 2007. The main objects of the Bill are to streamline and improve regulatory enforcement and to enable ministers to confer new sanctioning powers on regulators. Although the Bill is wide-ranging in its scope, it has an impact on businesses in the IP, IT and communications sectors; for example, it permits guidance to be issued to local authorities seeking to enforce certain provisions of the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994. | Legal update: archive | 08-Nov-2007 |
| 448 | Conviction for selling "modchips" enabling consoles to play ... A businessman has been convicted of 26 offences under section 296ZB of the Copyright Designs and Patents Act 1988 (CDPA), arising from the advertising and sale of "modchips" to enable the playing of pirate or counterfeit games on Microsoft Xbox and Nintendo consoles. Section 296ZB of the CDPA provides that a person commits an offence if, among other things, in the course of a business, he sells, advertises for sale or possesses any device or product primarily designed or adapted to enable the circumvention of effective "technological measures" (meaning, broadly, any technology or device designed to protect a copyright work other than a computer program (section 296ZF, CDPA)). Section 296ZB is one of a number of provisions in the CDPA aimed at preventing the circumvention of copy-protection measures. For a more detailed discussion of section 296ZB, and the other anti-circumvention provisions of the CDPA (in particular, sections 296, 296ZA and 296ZD, which provide for civil remedies) see PLC Practice note, Technical measures country questions: UK. Source: Bristol City Council press release, 22 October 2007. | Legal update: archive | 22-Oct-2007 |
| 449 | Principles for user-generated content services published Several companies, including NBC Universal, Microsoft, The Walt Disney Company and MySpace, have announced their joint support for a set of principles for user-generated content (UGC) services, which are intended to help UGC-service providers and commercial copyright-owners achieve various objectives, including eliminating infringing content on UGC services and accommodating fair use of copyrighted content on such services. Among other things, the principles provide that UGC-service providers should prohibit infringing uploads in their terms of use; implement filtering technology, in cooperation with copyright-owners, to try to eliminate infringing content; and block links to sites which have been identified as being clearly dedicated to, or predominantly used for, the dissemination of infringing content. The publication of these principles is an interesting development given the ever-increasing demand for UGC. However, it is notable that some major UGC-service providers, such as YouTube, have not backed the principles. Source: UGC principles press release, 18 October 2007. | Legal update: archive | 18-Oct-2007 |
| 450 | CLA introduces new adult-education licence The Copyright Licensing Agency has introduced a new licence for the adult-education sector which will come into effect on 1 November 2007, and is available to all providers of adult and community education and learning. According to the CLA, this is the first licence of its type to include digital uses, such as scanning and retyping of print resources, and use with technologies such as digital whiteboards.Source: CLA press release, 15 October 2007. | Legal update: archive | 15-Oct-2007 |
| 451 | High Court orders speedy trial in dispute over rights to ... In a decision for which a transcript has only just become available, the High Court has ordered a speedy trial of preliminary issues, but has refused to grant an interim injunction to prevent a distributor from continuing to distribute a software program after its licence was allegedly terminated. The court also refused to order a stay of the proceedings pending the outcome of a related action in Germany, which involved some, but not all, of the issues in the High Court action. The case illustrates a practical approach by the court in identifying issues that might enable a dispute to be brought to an early resolution. Case: Artificial Solutions Germany GmbH v Creative Virtual Limited and another, 12 October 2007. | Legal update: archive | 12-Oct-2007 |
| 452 | Application form for action under Customs Regulation ... The European Commission has adopted a Regulation amending EC Regulation 1891/2004, which implements EC Regulation 1383/2003 on customs action against goods suspected of infringing intellectual property rights (the Customs Regulation) (see Legal update, Changes to regime for customs action against import or export of infringing goods), in order to adapt the application form for action under the Customs Regulation so as to refer to Bulgaria and Romania, which acceded to the EU on 1 January 2007. The Commission has also published updated contact details for the customs departments designated by member states to receive and process applications for action under the Customs Regulation. Source: EU Official Journal, OJ L 261/12 and OJ C 234/8, 6 October 2007. | Legal update: archive | 05-Oct-2007 |
| 453 | IPO seeks feedback on BERR guidance on information ... The Department for Business Enterprise and Regulatory Reform (BERR) has issued a guidance note on the new procedures under Part 9 of the Enterprise Act 2002 permitting disclosure of information to intellectual property owners by public bodies (in particular, trading standards authorities) that could be used in civil court proceedings. The guidance, to which a flowchart is due to be added shortly, contains a number of examples of how the new provisions will affect information disclosure. The IPO is interested in receiving feedback about how these procedures work, whether responses to requests for information are consistent, and any teething problems, so that BERR can draft any necessary further guidance.Source: IPO Policy notice, 3 October 2007 and BERR guidance. | Legal update: archive | 03-Oct-2007 |
| 454 | Copyright: infringement The High Court has ruled that a company's use of software infringed copyright and was in breach of a limited licence agreement, despite its comparatively minor nature and the fact that it could easily have been avoided. | Legal update: archive | 24-Sep-2007 |
| 455 | MCPS-PRS Alliance agrees music licence with YouTube The MCPS-PRS Alliance has announced that it has granted a licence to YouTube to use ten million pieces of music on YouTube's website in the UK, in return for an undisclosed blanket fee. This licence, which is the first formal agreement between YouTube and a collecting society outside the US, will extend to the Alliance's songwriter, composer and music publisher members. The details of the benefits to be enjoyed by the Alliance's members under the licence are unclear: the Alliance will determine how royalties are to be distributed to its members based on an estimate of usage of the YouTube site. The Alliance has indicated that, in view of the millions of videos available on YouTube's website, it will not be possible to monitor use accurately. Instead, the Alliance intends to focus on the most popular 5 or 10% of videos which are accessed via the site, and it is working with YouTube to develop technology which will allow more accurate monitoring of site usage in the future. Source: MCPS-PRS Alliance press release, 30 August 2007. | Legal update: archive | 29-Aug-2007 |
| 456 | Copyright: online royalty rates The Copyright Tribunal has issued an interim decision in the first reference made to it regarding online royalty rates. | Legal update: archive | 24-Aug-2007 |
| 457 | Market owner convicted after benefiting from illegal sale of ... A market-owning company, which benefited financially from the illegal sale of counterfeit DVDs, CDs and computer software, has been convicted of accepting money (in the form of pitch rents) which it knew or suspected had been earned through criminal means. The company, Wendy Fair Markets Limited, and its directors, were found guilty of money-laundering charges by St Albans Crown Court. The BPI (British Phonographic Industry) and FACT (Federation Against Copyright Theft) have welcomed the verdict as one that could prove very significant in the fight against copyright crime, since all previous commercial piracy cases have been brought against sellers or distributors rather than market owners themselves. Source: BPI press release, 25 July 2007. | Legal update: archive | 25-Jul-2007 |
| 458 | New website to promote awareness of film and TV copyright ... The Industry Trust for Intellectual Property Awareness has launched a website as part of its continuing efforts to tackle the problem of film and television copyright theft. The site is designed to raise awareness of the role and value of copyright in protecting the creative industries and those who work in them. The site contains information on copyright, advice for film-makers and news items on legal developments of interest to the film and television industries. It also includes information on forthcoming DVD and film releases. Source: The Industry Trust for Intellectual Property Awareness website. | Legal update: archive | 25-Jul-2007 |
| 459 | Government publishes response to Select Committee report ... The government has published its response to the House of Commons Culture, Media and Sport Select Committee report on new media and the creative industries. Although the response indicates that the government is largely supportive of the Committee's report, the government has rejected the Committee's recommendation to press the European Commission to bring forward its proposals for an extension of copyright for sound recordings to at least 70 years. The government's stance on the copyright term is in line with the Gowers Review on intellectual property but has come as a blow to UK musicians and their representatives, such as the BPI. For the government's response to the Committee's recommendations on broadcasting and communications issues, see Legal update, Government response to Select Committee report on new media and creative industries: broadcasting and communications issues | Legal update: archive | 24-Jul-2007 |
| 460 | Copyright: design drawings defence The High Court has held that section 51 of the Copyright, Designs and Patents Act 1988 did not give a defence to a claim of copyright infringement in the design of a badge where the design comprised the badge's surface decoration, even though the badge was the same shape as the graphic design. | Legal update: archive | 23-Jul-2007 |
| 461 | Copyright Tribunal publishes interim decision on dispute ... The Copyright Tribunal has issued an interim decision in relation to a dispute between the MCPS-PRS Alliance (Alliance) and various online music service providers and mobile network operators, over royalty rates for the online use of musical works. Among other things, the Tribunal made various findings regarding the extent to which advertising revenue in connection with licensed music should attract a royalty, a point which remained in dispute even though many of the parties had reached settlement with the Alliance in relation to the other issues which had originally been referred to the Tribunal. The case is the first reference to the Tribunal in relation to valuing the use of copyright material made available online for sourcing and consumption and will, therefore, be of considerable interest to those interested in the exploitation of music online. Case: BPI and Ors v MPCS and Ors, CT84-90/05, 19 July 2007. | Legal update: archive | 19-Jul-2007 |
| 462 | Advocate General gives opinion on internet service provider's ... Advocate General Juliane Kokott has given an opinion in which she considers that it is compatible with Community law for member states to exclude operators of electronic communications networks and services from having to make available personal data relating to connection and traffic information in the context of a civil, as distinct from criminal, action. In an opinion that will disappoint rights owners seeking to establish the identity of music file-sharers, the Advocate General has illustrated the importance given by Community law to the protection of personal data. The following report is based on the French-language version of the opinion, as an English translation is not yet available. Case: Productores de Música de España (Promusicae) v Telefónica de España SAU, 18 July 2007.NOTE: On 29 January 2008, the ECJ held that Community law does not require member states to oblige ISPs to disclose details of suspected file-sharers to enable a copyright owner to bring civil proceedings (see Legal update, ECJ considers whether EC law requires ISPs to disclose file-sharers' detail). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 18-Jul-2007 |
| 463 | European Commission issues Communication on industrial ... The European Commission has published a Communication on its mid-term review of industrial policy. This follows the launch of the Commission's integrated approach to industrial policy in 2005, which is a key part of the Lisbon strategy (see for example, Legal update, European Commission's plans for legislation overhaul include proposals for IP reforms). New projects set out in the Communication include, among other things, a lead market initiative with a focus on promoting innovative products through a number of strategies including reliance on IP protection; a standards initiative to facilitate market use of R&D results; a clusters initiative to support and encourage cross-border collaborations; and an initiative on competitiveness and market access which includes plans to review the protection of IP rights and other intangibles, and to tackle counterfeiting. Source: IPR Helpdesk, press release, 16 July 2007; European Commission Communication, COM(2007)374, 4 July 2007. | Legal update: archive | 16-Jul-2007 |
| 464 | Russian music download site closed down The music download site allofMP3.com, based in Moscow, is reported to have been closed by the Russian authorities. This news has been welcomed by the BPI (British Phonographic Industry), which in 2006 obtained leave to serve High Court proceedings on the site (see Legal update, High Court grants BPI leave to serve proceedings on music download site in Russia). The operations of allofMP3.com were seen as threatening Russia's entry to the World Trade Organisation, and the site had come under increasing pressure since Visa and MasterCard stopped processing payments to it in January 2007. The site's owner, the Russian company MediaServices, claims to have set up an alternative site using the domain name mp3sparks.com, but it is not yet clear how that site will operate. Source: BPI press release, 3 July 2007. | Legal update: archive | 03-Jul-2007 |
| 465 | Advocate General gives opinion on obligation to put collecting ... In a reference to the ECJ from an Italian court, Advocate General Trstenjak has given an opinion in which she concluded that national laws requiring the fixing of the Italian national collecting society's mark created a technical rule that had to be notified to the Commission in accordance with the Communication of Technical Standards Directive (98/34/EC). Although the Italian court also asked the ECJ for guidance on whether the requirement to affix the mark was compatible with the Rental Rights Directive (92/100/EEC), the Advocate General did not consider it necessary to consider this issue. The following report is based on the French-language version of the opinion, as an English translation is not yet available. Case: Pubblico Ministero v Schwibbert, Case C-20/05, 28 June 2007.NOTE: On 8 November 2007, the ECJ followed the Advocate General's opinion (see Legal update, ECJ rules on enforceability of obligation to put collecting society's mark on CDs). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 28-Jun-2007 |
| 466 | European Commission publishes guides to applicable law ... The European Commission has published a guide to the rules which determine the applicable law for international intellectual property (IP) licences and an accompanying guide on choice of jurisdiction for disputes arising from such licences. The applicable law guide explains the application of the Rome Convention to international IP licences; highlights the aspects of an IP licence which are not covered by the Rome Convention; and summarises the relevant mandatory rules. The choice of jurisdiction guide contrasts the rules which apply to contracts with and without forum-choice clauses respectively; considers the position of a defendant domiciled in a third state; and explains the rules which permit a court to accept jurisdiction where a party applies for a provisional measure. Source: IPR helpdesk, Applicable law for international IP licences, 28 June 2007 and Jurisdiction in disputes relating to international IP licences, 2 July 2007. | Legal update: archive | 28-Jun-2007 |
| 467 | Performers' rights: live performances by those who pre ... The Court of Appeal has held that live performances by performers who died before the Copyright, Designs and Patents Act 1988 came into force are nonetheless protected by performers' rights. | Legal update: archive | 21-Jun-2007 |
| 468 | House of Lords refuses leave to appeal in Prince of Wales ... The House of Lords has refused the publisher of The Mail on Sunday leave to appeal against the Court of Appeal's decision in the case concerning the Prince of Wales's diaries. The Court of Appeal had upheld the High Court's decision to award the Prince of Wales summary judgment for breach of confidence and copyright infringement in respect of his Hong Kong journal (see Legal update, Appeal dismissed in Prince of Wales diaries case). In doing so, the court had looked at the way in which the English courts have been developing the law of privacy to protect the rights recognised by Article 8 of the European Convention on Human Rights, and the relationship between Article 8 and Article 10 of the Convention, which provides for the right to freedom of expression. Source: House of Lords, Minutes of proceedings, 12 June 2007. | Legal update: archive | 12-Jun-2007 |
| 469 | Commission consults on commitments offered by CISAC and ... On 11 June 2007, the European Commission published a notice under Article 27(4) of Regulation 1/2003 to consult on commitments offered by the International Confederation of Societies of Authors and Composers (CISAC) and its EEA members under Article 9 of Regulation 1/2003. The proposed commitments are intended to address the Commission's concerns that categories of clauses in CISAC's model contract and the reciprocal representation contracts between collecting society members in the EEA infringe Article 81(1) of the EC Treaty. | Legal update: archive | 11-Jun-2007 |
| 470 | OECD publishes summary of study on economic impact of ... The OECD (Organisation for Economic Co-operation and Development) has published an executive summary of a detailed study (to be published in July) on the economic global impact of trade in counterfeit and pirated goods. The summary analyses the market for such goods and applies a 17-point checklist for assessing the effect that illicit sales can have on legitimate business. It also sets out what governments and industry are already doing to deal with the problem, and suggests further measures. It includes a special section on the counterfeiting of goods in the audio-visual, automotive, electrical components, food and drink, pharmaceutical and tobacco sectors. Source: OECD executive summary, 4 June 2007. | Legal update: archive | 04-Jun-2007 |
| 471 | IPO publishes review of Copyright Tribunal The UK Intellectual Property Office (IPO) has published a review of the operation of the Copyright Tribunal, carried out by two IPO hearing officers. The review makes a number of recommendations, which are summarised at pages 5 and 6. In particular, the review calls for the replacement of the Tribunal's rules of procedure by the Civil Procedure Rules and practice directions, and the abolition of lay members. The IPO has invited comments on the recommendations by 31 August 2007. Source: IPO review of the Copyright Tribunal, 31 May 2007. | Legal update: archive | 31-May-2007 |
| 472 | Court of Appeal upholds performers' rights claims brought by ... The Court of Appeal has upheld the decision of the High Court that live performances are protected by performers' rights under the Copyright, Designs and Patents Act 1988 (CDPA) where the performer died before the CDPA came into force. The court held that the definition of performer in the CDPA was not limited to a living performer. The case confirms that rights subsist in live performances by performers who died before the commencement of the CDPA. Case: Experience Hendrix LLC v Purple Haze Records Ltd (1) Lawrence Miller (2) and John Hillman (3), 24 May 2007. | Legal update: archive | 24-May-2007 |
| 473 | IPO requests comments on proposed Directive on criminal ... The UK Intellectual Property Office (IPO) has called for comments on the European Parliament's report on the proposed Directive to harmonise criminal penalties for intellectual property offences (see Legal update, European Parliament votes on Directive on criminal penalties for IPR offences). The IPO has flagged a number of issues arising from the Parliament's report, including the European Commission's competence to harmonise criminal sanctions and the scope of the proposed Directive, particularly in the light of the Parliament's recommendation that patents be excluded. The IPO has requested feedback by the end of May 2007, in advance of the next round of European Council discussions on the Directive which are scheduled for June 2007 (or later in the year). Source: UK Intellectual Property Office policy notice, 21 May 2007. | Legal update: archive | 21-May-2007 |
| 474 | DCA consults on raising fast-track limit for IP and other cases The Department for Constitutional Affairs (DCA) has published a consultation paper on case-track limits and the claims process for personal injury claims. Following one of the key recommendations in the Gowers Review of Intellectual Property (see Legal update, Gowers Review of Intellectual Property published, General IP), the scope of the consultation includes intellectual property (IP) cases, and the DCA recommends that the fast-track limit is raised to £25,000 for IP claims, as for all other types of claim. The paper also seeks views on whether IP claims could be dealt with in a more efficient and cost-effective way, and whether different measures would be appropriate for different kinds of IP, such as patents, which involve questions of technology. The consultation closes on 13 July 2007.Source: DCA consultation paper: Case-track limits and the claims process for personal injury claims, 20 April 2007. | Legal update: archive | 20-May-2007 |
| 475 | IPO announces new copyright and enforcement policy ... The UK Intellectual Property Office (IPO) has announced the carve-out of a new Copyright and Enforcement Directorate from its existing policy directorate, with immediate effect. Ian Fletcher, the IPO's new chief executive, said that the creation of the new policy division was a response to the challenges of globalisation and the digital age. Source: IPO e-mail update, 16 May 2007. | Legal update: archive | 17-May-2007 |
| 476 | Select Committee report on new media and creative industries ... The House of Commons Culture, Media and Sport Select Committee has published a report on issues facing the creative industries as a result of the rise in new media. The report recommends, among other things, that the term of copyright for sound recordings should be increased to 70 years, that the unauthorised copying of films from a cinema screen should be criminalised (together with the distribution of such copies), and that a new legal exemption should be created to permit copying within domestic premises for domestic use. The report's recommendations on communications-related matters are covered separately in the Legal update, Select Committee report on new media and creative industries: broadcasting and communications issues. | Legal update: archive | 16-May-2007 |
| 477 | Australia accedes to WIPO Copyright and Performances and ... Australia acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 26 April 2007. The Treaties will enter into force in Australia on 26 July 2007. Source: WIPO, WCT Notification No. 67 and WPPT Notification No. 67, 26 April 2007. | Legal update: archive | 10-May-2007 |
| 478 | DCA launches wide-ranging consultation on damages The Department for Constitutional Affairs (DCA) has published a substantial consultation paper on the law on damages. It reconsiders earlier recommendations by the Law Commission on aggravated, exemplary and restitutionary damages in the light of recent case law and considers that no legislative change is necessary. However, the DCA recommends that the term "additional damages" in the Copyright, Designs and Patents Act 1988 be replaced with the term "aggravated and restitutionary damages". Following one of the key recommendations in the Gowers Review of Intellectual Property, the consultation also asks for evidence on how the current system of damages is operating in relation to all areas of intellectual property. | Legal update: archive | 04-May-2007 |
| 479 | High Court considers consent defence to trade mark and ... In a case involving multiple causes of action, the High Court has held that the claimant had consented to his supplier selling products under the claimant's trade mark directly to his distributors, but that this consent was limited to situations where the claimant was unable to supply the product. The judge doubted the credibility of several witnesses in a case where the documentary record was not complete. Case: Fearns (trading as Autopaint International) v Anglo-Dutch Paint and Chemical Co Ltd and others [2007] EWHC 955 (Ch), 2 May 2007.NOTE: On 19 February 2008, the Court of Appeal partly upheld an appeal against this decision (see Legal update, Court of Appeal allows franchisor to claim for loss of franchise business). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 02-May-2007 |
| 480 | European Parliament votes on Directive on criminal penalties ... The European Parliament has approved the European Commission's proposal for a Directive to harmonise national law in respect of criminal penalties for intellectual property right (IPR) offences (the Directive), but with significant amendments. Among other things, the amendments made by Parliament would remove patents from the scope of the Directive, and would mean that trade mark rights would only come within the scope of the Directive insofar as extending criminal protection to them was not inimical to free market rules and research activities. | Legal update: archive | 25-Apr-2007 |
| 481 | CLA confirms distinction between NHS and HEIs licences The Copyright Licensing Agency (CLA) has confirmed the distinction between the photocopying and scanning licences granted to the NHS and Higher Education Institutions (HEIs) respectively. Although the CLA acknowledges the significant overlap between a number of activities of the NHS and HEIs, particularly in respect of teaching hospitals, the CLA has outlined the demarcation between the respective licences (see Legal updates, CLA agrees central licence for NHS in England and CLA adds scanning to standard licence for independent HE institutions). Source: CLA, Information on crossover between HE and NHS licence arrangements, 24 April 2007. | Legal update: archive | 24-Apr-2007 |
| 482 | Copyright: Court of Appeal decision on whether emulating a ... The Court of Appeal has held that merely making a computer program which emulated another, without copying the source code or graphics, was legitimate. | Legal update: archive | 20-Apr-2007 |
| 483 | Copyright: Court of Appeal upholds High Court decision on ... The Court of Appeal has upheld the High Court's decision in a dispute concerning the alleged copyright infringement of the non-fiction book The Holy Blood and The Holy Grail by the novel The Da Vinci Code. | Legal update: archive | 20-Apr-2007 |
| 484 | Copyright: High Court decision on parallel imports of CDs and ... The High Court has considered the point at which goods ordered by consumers in the UK are put into circulation in the European Economic Area for the purposes of section 18(2) of the Copyright, Designs and Patents Act 1988. | Legal update: archive | 20-Apr-2007 |
| 485 | European digital library experts report on digital preservation ... As part of the European Commission's digital libraries initiative, a group of experts has published a report on digital preservation, orphan works and out-of-print works, together with a model licence agreement on digitisation of out-of-print works. The report contains a number of practical recommendations for rights-holders and libraries to consider, and builds on the principles set out in the Commission's 2006 Recommendation on digitisation and online accessibility. Most of these recommendations centre on voluntary agreements between rights-holders and libraries, and are therefore unlikely to be controversial. | Legal update: archive | 18-Apr-2007 |
| 486 | New copyright provisions for Welsh Assembly The remaining provisions of the Government of Wales Act 2006, which include amendments to the Copyright, Designs and Patents Act 1988 (CDPA), will come into force following the Welsh Assembly elections in May 2007. Among other things, the new Welsh Assembly will not be a Crown body, so that copyright works produced by or under it will not be protected by Crown copyright. Instead, an Order in Council under section 165(7) of the CDPA has been laid before Parliament, which provides that such works will be protected by Parliamentary copyright. This will mean that in most cases, the term of protection for such works will be reduced from 125 years to 50 years from the year in which they were created. | Legal update: archive | 11-Apr-2007 |
| 487 | Commission sends statement of objections to Apple and major ... On 3 April 2007, the European Commission announced that it has sent a statement of objections to major record companies and Apple, alleging that agreements between each record company and Apple restrict music sales (via iTunes on-line stores) by imposing territorial restrictions and so infringe Article 81 of the EC Treaty. | Legal update: archive | 03-Apr-2007 |
| 488 | Legislation taking effect in April 2007: IP&IT A range of legislation relevant to intellectual property, information technology, communications and media has taken effect on the twice-yearly standard commencement dates at the beginning of April 2007. This includes new powers for trading standards officers to take enforcement action in relation to certain copyright infringements, and new offences dealing with mobile phone reprogramming and internet ticket touting. | Legal update: archive | 01-Apr-2007 |
| 489 | CLA agrees central licence for NHS in England The Copyright Licensing Agency (CLA) has agreed a new central photocopying and scanning licence for the NHS in England. The NHS in England had decided not to renew its central licence in June 2006, but the new licence was entered into after negotiations between the parties re-opened in November 2006 (see CLA press release, 21 November 2006).Source: CLA press release, 30 March 2007. | Legal update: archive | 30-Mar-2007 |
| 490 | Income Tax Act 2007 comes into force on 6 April 2007 The Income Tax Act 2007 (ITA 2007) rewrites some of the tax legislation which applies to income tax. Areas affected include the rules relating to withholding tax from interest and royalties (sections 349 to 349E of the Income and Corporation Taxes Act 1988 (ICTA 1988)) and sections 703 to 709 of ICTA 1988 concerning transactions in securities. ITA 2007 comes into force on 6 April 2007. It applies for the tax year 2007-2008 and subsequent tax years. | Legal update: archive | 28-Mar-2007 |
| 491 | Anti-counterfeiting: new trading standards powers The anti-counterfeiting powers for trading standards officers contained in section 107A of the Copyright, Designs and Patents Act 1988 are to be brought into force. | Legal update: archive | 26-Mar-2007 |
| 492 | European Commission publishes study on Copyright Directive The European Commission has published an independent study on the implementation of the Copyright Directive (2001/29/EC), which came into force in 2001. The first part of the study analyses how implementation of the Directive has affected online business models in individual EU member states. The second part sets out how each state has implemented the Directive, identifies disparities and problems that are hampering the harmonisation of the internal market in the areas that the Directive covers, and suggests possible solutions.Source: European Commission study, ETD/2005/IM/D1/91, February 2007; Annex to the study; and Executive summary. | Legal update: archive | 21-Mar-2007 |
| 493 | Patent Office publishes fact sheet on change of name Following its announcement that it will change its name to the UK Intellectual Property Office as from 2 April 2007 (see Legal update, Patent Office name change), the Patent Office has published a fact sheet providing further information regarding its change of name. Among other things, the fact sheet includes information regarding future correspondence and cheque payments to the Office, and changes to its website and e-mail addresses. Source: UK IPO, Name change fact sheet, 14 March 2007. | Legal update: archive | 14-Mar-2007 |
| 494 | European Parliament calls for framework directive on online ... The European Parliament has adopted an own-initiative report in response to the European Commission's recommendation on collective cross-border management of copyright and related rights for legitimate online music services (2005/737/EC) (Recommendation) (see Legal update, European Commission recommends pan-European copyright licensing). Among other things, the report criticises the Commission's decision to put forward a non-binding recommendation and calls, instead, for the proposal of a framework directive to deal with the issue. The adoption of the report is of interest, not least since the Commission is currently seeking views on various aspects of the Recommendation, including its non-binding nature (see Legal update, European Commission seeks views on recommendation for online music sector). It will be interesting to see whether the Commission takes Parliament's suggestions on board.Source: European Parliament press release, 13 March 2007. | Legal update: archive | 13-Mar-2007 |
| 495 | Patent Office name change The Patent Office has announced that it will be changing its name to the UK Intellectual Property Office (UK-IPO) on 2 April 2007. This change was recommended in the Gowers Review of Intellectual Property so as better to reflect the breadth of the Patent Office's functions (see Legal update, Gowers Review of Intellectual Property published and Legal update, Gowers Review of Intellectual Property: list of recommendations by topic). As the Patent Office is referred to by name in a number of pieces of legislation, the words "UK Intellectual Property Office is an operating name of the Patent Office" will be used until all the necessary legislative changes have been made.Source: Patent Office press release, 1 March 2007. | Legal update: archive | 01-Mar-2007 |
| 496 | European Commission communication on digital scientific ... The European Commission has published a Communication on the digital publishing of scientific information, which examines how access to scientific information (both in the form of publications and research data) can be improved, and how digital scientific information can be preserved. The Communication considers the current position in Europe, including "open-access" publishing, and identifies the legal and other issues involved in any future policy initiatives. | Legal update: archive | 15-Feb-2007 |
| 497 | Revised consolidated lists of Convention countries laid before ... The government has laid before Parliament three Orders to amend the lists of Convention countries for the purposes of the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949 and the Patents Act 1977. | Legal update: archive | 14-Feb-2007 |
| 498 | Trading standards officers to gain new powers in relation to ... The government has announced that section 107A of the Copyright, Designs and Patents Act 1988 (CDPA) will come into force on 6 April 2007, giving trading-standards authorities important powers in relation to copyright infringements, including powers to make test purchases, enter premises and inspect and seize goods. The enactment of section 107A was one of the recommendations contained in the Gowers Review of Intellectual Property (see Legal update, Gowers Review of Intellectual Property published: Copyright: Recommendation 42). The DTI has also said that it will provide funding for 4,500 extra Trading Standards officers.Source: DTI press release, 8 February 2007. | Legal update: archive | 08-Feb-2007 |
| 499 | Liechtenstein accedes to WIPO Copyright and Performances ... The Principality of Liechtenstein acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 30 January 2007. The treaties will enter into force in Liechtenstein on 30 April 2007.Source: WIPO, WCT notification 65 and WPPT notification 65, 7 February 2007. | Legal update: archive | 07-Feb-2007 |
| 500 | Commission publishes summary of Microsoft decision On 6 February 2007, an official summary was published in the Official Journal (OJ 2007 L32/23) of the European Commission's March 2004 decision finding that Microsoft Corporation had infringed Article 82 of the EC Treaty by leveraging its dominant position in the market for personal computer operating systems into the markets for work group server operating systems and for media players (see Legal update, Commission announces Microsoft infringement decision). The full non-confidential version of the decision is also available on the DG Competition website. The final report of the Hearing Officer and two Opinions of the Advisory Committee have also been published (OJ 2007 C26/2-5). The progress of Microsoft's appeal against this decision and of the penalty payments in relation to non-implementation of remedies can be tracked at Microsoft, Microsoft remedies and Microsoft (penalty payments). | Legal update: archive | 06-Feb-2007 |
| 501 | Patent Office gives timetable for initial action on Gowers The Patent Office has published a list of the recommendations that were made in the Gowers Review (see Legal update, Gowers Review of Intellectual Property published), together with a planned date for initial action on each of them. The first stage in implementing many of the recommendations will be to conduct public consultation exercises in early 2007.Source: Patent Office timetable, 6 February 2007. | Legal update: archive | 06-Feb-2007 |
| 502 | ICC publishes report on global counterfeiting and piracy The Business Action to Stop Counterfeiting and Piracy (BASCAP) project, which is run by the International Chamber of Commerce (see Legal update, ICC launches global industry anti-piracy coalition), has published its first annual survey on global counterfeiting and piracy. The survey's respondents (48 multinational companies) rated practical enforcement as the most important element in tackling these issues, above legislation and public education. The UK was ranked (together with Germany) as having the second-best IP protection after the US.Source: ICC press release, 29 January 2007. | Legal update: archive | 29-Jan-2007 |
| 503 | Confidentiality and copyright: Prince of Wales' summary ... The Court of Appeal has dismissed an appeal by a newspaper publisher against the High Court's decision to award the Prince of Wales summary judgment for breach of confidence and copyright infringement in respect of his Hong Kong journal. | Legal update: archive | 26-Jan-2007 |
| 504 | Copyright: ownership: organist granted joint share of copyright The High Court has held that the ex-organist of a band was entitled to a joint share in the musical copyright in the recorded version of the band's successful single. | Legal update: archive | 26-Jan-2007 |
| 505 | European Commission study on digital content and ... The European Commission has published a detailed study outlining obstacles to the full exploitation by European industry of digital content on new technology platforms in various sectors, including music, films, games and publishing. The study, which takes into account a public consultation exercise conducted in early 2006 (see Legal update, European Commission launches consultation on online content), identifies various adverse factors, including piracy, especially by means of peer-to-peer technology; the uncertainty surrounding definitions of new-media rights; resistance to making digital rights management systems interoperable; the territory-based structure of collecting societies; and the need to harmonise European laws that affect content, such as consumer protection and copyright law, and VAT rates. It also suggests remedies, on a sectoral basis, for the problems these create. The Commission will use the study as the basis for an official communication on online content, now due to be adopted in late 2007.Source: European Commission study, October 2006; and European Commission press release, 25 January 2007. | Legal update: archive | 25-Jan-2007 |
| 506 | Patent Office seeks views on WIPO traditional knowledge and ... The Patent Office has informally requested views following a call by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore for information relating to the protection of traditional knowledge and expressions of folklore (see WIPO site, Traditional Knowledge and Traditional Cultural Expressions (Folklore)). Respondents are invited to complete separate questionnaires dealing with traditional knowledge and expressions of folklore respectively. The folklore questionnaire should be returned by 31 January 2007 to Ceri Witchard at ceri.witchard@patent.gov.uk and the traditional-knowledge questionnaire should be returned by 9 February 2007 to Kathy Matson at kathy.matson@patent.gov.uk. These are short timescales as the Patent Office needs to consider any views expressed in advance of intergovernmental discussions in February.Source: Patent Office IP policy notices, 25 January 2007. | Legal update: archive | 25-Jan-2007 |
| 507 | EMI formalises pan-European licensing deal for online rights The UK and German collecting societies, MCPS-PRS Alliance and GEMA, have signed documents formalising a collaboration with EMI Music Publishing which will allow them to offer licensees a pan-European licence in respect of online and mobile rights in EMI's UK and US music catalogues. The collaboration between the two collecting societies was first announced in January 2006 (see Legal update, Pan-European online music licensing deal is announced). According to the most recent press release, the Alliance and GEMA will license EMI's European rights through a back-office joint venture company.Source: MCPS-PRS press release, 22 January 2007. | Legal update: archive | 22-Jan-2007 |
| 508 | MPA announces pan-European licensing agreement for ... The Music Publishers Association, a non-profit organisation which looks after the interests of all music publishers based or working in the UK, has negotiated a template agreement with the MCPS-PRS Alliance which will enable publishers who sign up to it to license their repertoire collectively to all online and mobile music services in Europe. This approach is in line with the European Commission's recommendation to use collective licensing to manage online rights in musical works. | Legal update: archive | 21-Jan-2007 |
| 509 | New licensing agency for independent record labels launched A new organisation called Merlin has been set up to act as a global rights licensing agency for independent record labels. Merlin's first global deal is an agreement with the digital music company, SNOCAP, to allow music to be sold via SNOCAP's My Stores, a retail initiative which allows users to download music from various websites, including the MySpace music service. The downloads will be sold as unprotected MP3 files, enabling them to be played on all digital music players.Source: The Register, 20 January 2007; SNOCAP press release, 22 January 2007. | Legal update: archive | 20-Jan-2007 |
| 510 | European Commission seeks views on recommendation for ... The European Commission has called for comments on the development of Europe's online music industry in the light of the Commission's recommendation on collective cross-border management of copyright and related rights for legitimate online music services (2005/737/EC) (see Legal update, European Commission recommends pan-European copyright licensing). The Commission has invited comments from interested stakeholders on four main topics: the non-binding nature of the recommendation; the existing and potential arrangements for EU-wide licensing in this sector; the relatively narrow scope of the recommendation; and governance and transparency issues for rights managers. Responses to the 16 questions set out in the paper are required by 1 July 2007.Source: European Commission, Call for comments, 17 January 2007. | Legal update: archive | 17-Jan-2007 |
| 511 | IFPI publishes 2007 report on digital music business The IFPI (International Federation of the Phonographic Industry) has published a report which provides a comprehensive review of the international digital music market in 2006 and discusses the current challenges faced by the industry. The report shows that although sales of digital music are continuing to escalate, piracy remains a problem, and the IFPI calls on internet service providers in particular to assist in tackling illegal downloading. | Legal update: archive | 17-Jan-2007 |
| 512 | Serious Crime Bill laid before Parliament The Serious Crime Bill has been laid before Parliament. It introduces a range of provisions aimed at dealing with serious crime, including the introduction of serious crime prevention orders, under which courts can impose conditions and restrictions on persons involved in "serious offences", and the creation of various new offences of enabling or assisting crime. The Bill has some implications for intellectual property, in particular because various criminal offences under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994 are categorised as "serious offences" for the purposes of the Bill. | Legal update: archive | 17-Jan-2007 |
| 513 | Private Members' Bill to ban piped music in hospitals The Piped Music etc. (Hospitals) Bill has been introduced in the House of Lords as a Private Members' Bill. The Bill provides for the Secretary of State to draw up plans to prohibit the playing of piped music and the showing of television programmes in the public areas of hospitals, and to require people listening to music in such areas to wear headphones. This Bill is narrower than its predecessor, the Piped Music and Showing of Television Programmes Bill, which was abandoned by Parliament in November 2006 and also covered the playing of piped music and the showing of television programmes on public transport (see Legal update, Private Members' Bill to ban piped background music dropped).Source: UK Parliament, Piped Music etc. (Hospitals) Bill, 15 January 2007. | Legal update: archive | 15-Jan-2007 |
| 514 | Consolidated Directives on copyright term and rental and ... The text of consolidated Directives on the term of copyright protection (2006/116/EC) and rental and lending right (2006/115/EC) have been published in the EU Official Journal. The Directives are consolidated versions of, respectively, the Directive on the term of copyright protection (93/98/EEC) and the Directive on rental and lending right (92/100/EEC), and subsequent amending Directives. The Directives will come into force on 16 January 2007.Source: EU Official Journal, L 372/12 and L 376/28, 27 December 2006. | Legal update: archive | 27-Dec-2006 |
| 515 | WIPO publishes copyright guide for SMEs WIPO has published a new guide to help small and medium-sized enterprises (SMEs) develop a copyright strategy suited to their business needs. It contains questions and answers, with practical information on what is protectable under copyright and related rights, following a similar format to its earlier three guides in the series (see, for example, Legal update, WIPO publishes guide to industrial designs for small and medium-sized businesses).Source: WIPO press release, 11 December 2006; WIPO guide, Creative Expression: An introduction to copyright and related rights for SMEs. | Legal update: archive | 11-Dec-2006 |
| 516 | Gowers Review of Intellectual Property published Andrew Gowers has published the Gowers Review of Intellectual Property. The Review concludes that the current intellectual property (IP) system in the UK is broadly performing satisfactorily, but that improvements are needed in the areas of enforcement, costs and balanced and flexible rights. The 54 recommendations in the Review include proposals for a consultation on ensuring effective damages awards in IP infringement actions; the introduction of a limited private-copying exception to allow consumers to format-shift legitimately purchased content; and a consultation on the use of cheaper, fast-track litigation in IP cases. The Review favoured the preservation of the status quo in a number of areas, including the copyright term for sound recordings which it recommends should remain at 50 years. | Legal update: archive | 06-Dec-2006 |
| 517 | WIPO treaties to remain in force in Republic of Montenegro The Republic of Montenegro has made a declaration listing the WIPO Treaties which will continue to be applicable in its territory as from 3 June 2006. These include the Paris Convention, the Berne Convention, the Madrid Agreements, the Madrid Protocol, the Hague Agreement, the Lisbon Agreement, the WIPO Copyright Treaty, the WIPO Performance and Phonograms Treaty, and the Patent Co-operation Treaty. This follows a similar declaration made in September 2006 by the Republic of Serbia (see Legal update, WIPO treaties to remain in force in Republic of Serbia).Source: WIPO treaty notification, 4 December 2006. | Legal update: archive | 04-Dec-2006 |
| 518 | European Commission confirms Microsoft has submitted ... The European Commission has announced that Microsoft Corporation has submitted revised technical documents with a view to meeting the requirements of the Commission's March 2004 decision on infringement under Article 82 of the EC Treaty. This follows the Commission's announcement on 15 November 2006 that it had extended Microsoft's deadline for submitting such information until 23 November 2006 (see Legal update, Commission provides update on Microsoft compliance). The documents will now be reviewed by potential licensees to assess whether they contain the necessary information to allow the development of interoperable work-group server operating system products, and the Monitoring Trustee will also test the information in the documents in order to verify its accuracy. The Commission will decide in due course whether it regards Microsoft as having now complied with its obligations or whether to impose a further penalty payment.Source: European Commission, MEMO/06/445, 23 November 2006. | Legal update: archive | 23-Nov-2006 |
| 519 | EU Internal Market Commissioner speech on proposed reform ... Charlie McCreevy, the EU Commissioner for the Internal Market and Services, has updated the European Parliament Committee on Legal Affairs on the key areas of reform for the protection of intellectual property in the EU. Among other things, the Commissioner expresses his hope that the proposals for a European Patent Litigation Agreement will be fused with the initiative for a Community patent. | Legal update: archive | 21-Nov-2006 |
| 520 | High Court dismisses claim for declaration of copyright in ... The High Court has dismissed a music publisher's claim for a declaration of copyright in respect of 13 songs written by Cuban nationals, who had since died. The judge found that the publisher did not own the reversionary interest in the copyright in most of the songs, and that various factors weighed against granting a declaration in respect of the remaining songs. This case shows how the laws of succession in the Copyright Act 1911 can still apply today to assignments made before 1957. It also shows how it is important for claimants to try to tailor any non-monetary relief claimed, amending it where necessary during the proceedings, rather than applying for wide relief which, if granted, could be misleading to others. Case: Peer International Corporation and others v Termidor Music Publishers Ltd and others, 16 November 2006. | Legal update: archive | 16-Nov-2006 |
| 521 | Patent Office publishes guidance on collection of artists' resale ... Following the introduction of the Artist's Resale Right Regulations 2006, which introduced a new royalty for artists on the resale of their works with effect from 14 February 2006, the Patent Office has published a guidance note on its website on the collection of these royalties. Source: Patent Office, Guidance for business on the collection of artists' resale royalties, 16 November 2006. | Legal update: archive | 16-Nov-2006 |
| 522 | European Commission provides update on Microsoft ... The European Commission has published a statement providing an update on compliance by Microsoft Corporation with the Commission's Article 82 infringement decision of March 2004. The Commission reports that it has still not received the complete documentation that it considers necessary to ensure compliance with all remedial obligations. It expects Microsoft to provide the outstanding documentation by 23 November 2006. | Legal update: archive | 15-Nov-2006 |
| 523 | Private Members' Bill to ban piped background music dropped The Piped Music and Showing of Television Programmes Bill, which was introduced as a Private Members' Bill in the House of Lords in May 2006, has been dropped by Parliament. The Bill provided for the Secretary of State to draw up plans to prohibit the playing of piped background music and the showing of television programmes in the public areas of hospitals and on public transport, and to require people listening to music in such areas to wear headphones (see Legal update, Private Members' Bill to prohibit playing of background music).Source: House of Commons weekly information bulletin, 11 November 2006. | Legal update: archive | 08-Nov-2006 |
| 524 | European Commission publishes report on copyright and ... The European Commission has published a report by the Institute for Information Law at the University of Amsterdam which examines the current acquis communautaire on copyright and related rights, and also considers various specific issues, including the possible extension of the term of protection for sound recordings and the possible alignment of the term of protection for co-written musical works. The key findings of the 305-page report, which was commissioned by the European Commission, are set out in an executive summary. Among other points considered, the authors of the report are not convinced by the arguments in favour of extending the term of protection for sound recordings.Source: IViR report: The recasting of copyright and related rights for the knowledge economy, November 2006. | Legal update: archive | 01-Nov-2006 |
| 525 | IPPR publishes report on intellectual property in the digital ... The Institute for Public Policy Research (IPPR) has published a report entitled Public Innovation: Intellectual property in a digital age, making a number of recommendations which it hopes will be addressed in the Gowers Review of intellectual property (although the date for submission of evidence to Gowers has passed and publication of the Review's conclusions is expected soon) (see Legal update, Call for evidence in Gowers Review of intellectual property). These include creating cheaper routes to enforcement for small and medium-sized enterprises; reforming the patent-registration system at EU level; developing a set of principles for "fair dealing" in the Copyright, Designs and Patents Act 1988; and creating a private right to copy.Source: Institute for Public Policy Research, Public Innovation: Intellectual Property in a digital age, 30 October 2006. | Legal update: archive | 30-Oct-2006 |
| 526 | Copyright: exhaustion of right The European Court of Justice has held that the principle of Community exhaustion under the Copyright Directive is valid, and that it precludes the inclusion of the principle of international exhaustion in national legislation. | Legal update: archive | 27-Oct-2006 |
| 527 | Order on European film co-production agreements comes into ... The European Convention on Cinematographic Co-production Order 2006 came into force on 11 October 2006. The Order provides that films made in accordance with the European Convention on Cinematographic Co-production (the Convention) are to be treated as British films for the purposes of Schedule 1 to the Films Act 1985. (Films listed in that schedule may be eligible for national incentives.) The Order also stipulates that if the film has two co-producers, one must be established in the UK and the other must be established in a state which is a contracting party to the Convention. If the film has more than two co-producers, one must be UK-based and at least two others must be established in Convention states. Source: European Convention on Cinematographic Co-production Order 2006, SI 2006/2656, 10 October 2006. | Legal update: archive | 11-Oct-2006 |
| 528 | European Commission accepts commitments on Cannes ... The European Commission has announced that it has accepted binding commitments to resolve competition law concerns regarding an agreement between five major music publishers and a number of European mechanical copyright collecting societies. | Legal update: archive | 04-Oct-2006 |
| 529 | Microsoft appeals European Commission's decision on ... Details have been published of Microsoft Corporation's appeal against the European Commission's decision to impose periodic penalty payments on Microsoft. The penalties are for failure to provide information under the interoperability remedy that was imposed on Microsoft following the Commission's decision in 2004 that Microsoft had infringed Article 82 of the EC Treaty. Case: Microsoft v Commission, Action brought on 2 October 2006. | Legal update: archive | 02-Oct-2006 |
| 530 | Music industry settles dispute over online royalty rates Online music service providers and the BPI (the British record industry's trade association) have settled their dispute with the MCPS-PRS Alliance over royalty rates for the online use of musical works, which was due to be heard by the Copyright Tribunal (see Legal update, MCPS and PRS terms for online use of musical works referred to Copyright Tribunal). The parties have agreed a rate of 8% of gross retail revenues for all music downloads (except ringtones) - the Alliance had originally proposed a 12% rate, although this was temporarily reduced to 8%. The Copyright Tribunal proceedings will continue in relation to various other issues which remain unresolved between the parties.Source: BPI press release, 28 September 2006; MCPS-PRS Alliance press release, 28 September 2006.NOTE: The Copyright Tribunal published its interim decision on the unresolved issues on 19 July 2008 (see Legal update, Copyright Tribunal publishes interim decision on dispute regarding online royalty rates). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 28-Sep-2006 |
| 531 | CLA adds scanning to standard licence for independent HE ... The Copyright Licensing Agency has extended its standard licence for independent higher-education institutions to permit them and their registered students to make digital copies of documents, as well as physical photocopies. This brings the licence into line with the standard licence for the higher-education institutions which are members of Universities UK, or the Standing Conference of Principals. The new licences will run for an initial two-year trial period until 31 August 2008. (See also CLA user guidelines.)Source: CLA website, 27 September 2006. | Legal update: archive | 27-Sep-2006 |
| 532 | Patent Office launches consultation on representative actions The Patent Office has launched a consultation on representative actions for the enforcement of intellectual property (IP) rights, following its provisional proposals in the draft regulations implementing the IP Rights Enforcement Directive (2004/48/EC), which were later taken out. The Patent Office has set out four possible options, its preferred option being to provide for representative actions in IP legislation, but to enable a court to dismiss an action if it considers it inappropriate. | Legal update: archive | 26-Sep-2006 |
| 533 | British Library launches IP manifesto The British Library has launched a manifesto entitled Intellectual Property: a balance, in which it makes six specific recommendations concerning the current UK copyright framework, which it considers should be addressed in the Gowers Review of intellectual property. | Legal update: archive | 25-Sep-2006 |
| 534 | WIPO treaties to remain in force in Republic of Serbia The Republic of Serbia has made a declaration stating that it continues the state and legal identity of the state union of Serbia and Montenegro, and as such continues to exercise its rights and honour all its commitments deriving from the WIPO treaties ratified and signed by the state union of Serbia and Montenegro. These include the Paris Convention, the Berne Convention, the Madrid Agreements, the Madrid Protocol, the Hague Agreement, the Lisbon Agreement, the WIPO Copyright Treaty, the WIPO Performance and Phonograms Treaty, and the Patent Co-operation Treaty.Source: WIPO treaty notification, 19 September 2006. | Legal update: archive | 19-Sep-2006 |
| 535 | British Academy publishes copyright "fair dealing" review The British Academy has published a paper which analyses how the "fair dealing" exemptions for private study and non-commercial research (set out in the Copyright, Designs and Patents Act 1988) are being applied in practice by researchers in the humanities and social sciences, and by the rights-owners whose works they use. It notes that the value of the exemptions has been eroded by database right and the use of digital rights management technology, and makes recommendations for future copyright policy to assist research activities. The paper is supplemented by a set of guidelines on copyright and fair dealing, and an executive summary of the paper.Source: British Academy news item, 18 September 2006. | Legal update: archive | 18-Sep-2006 |
| 536 | European Commission tables innovation strategy The European Commission has published a ten-point programme aimed at fostering innovation within the EU, for debate at the forthcoming summit of European leaders on 20 October 2006. | Legal update: archive | 13-Sep-2006 |
| 537 | ECJ confirms Copyright Directive prevents national law of ... In a reference from the Danish courts to the ECJ, the ECJ has held that Article 4(2) of the Copyright Directive (2001/29/EC) was not invalid and that it did prevent a member state from supporting the principle of international exhaustion in its national legislation. | Legal update: archive | 12-Sep-2006 |
| 538 | Law Society comments on proposed directive on criminal ... The Law Society has published a report commenting on the European Commission's proposed directive on criminal penalties for intellectual property (IP) offences, which was published in April 2006. The report raises concerns about the legal basis for the proposed directive, which followed the ECJ's ruling in Case C-176/03 about the competence of the EC to adopt criminal measures (see Legal update, European Commission adopts proposal for directive on criminal penalties for IPR offences), and about the extension of the criminal law to all IP rights, particularly patents.Source: Law Society, Policy on proposed changes in the law, 1 September 2006. | Legal update: archive | 01-Sep-2006 |
| 539 | Copyright: Software Directive The Court of Appeal has refused an application to refer questions concerning the interpretation of the Software Directive to the European Court of Justice. | Legal update: archive | 30-Aug-2006 |
| 540 | BPI study shows loss to recording industry caused by ... The BPI (the British record industry's trade association) has published the results of a study carried out by the research company, IPSOS, which show that physical music piracy (the sale of counterfeit CDs) caused lost sales to the British recording industry of around £165 million in 2005, the equivalent of nearly 10% of the UK's legal CD albums market. According to the BPI, this is the first time that a study into the level of counterfeit CD sales in the UK has been carried out.Source: BPI news release, 29 August 2006. | Legal update: archive | 29-Aug-2006 |
| 541 | European Commission publishes recommendation on ... The European Commission has published a Recommendation on the digitisation and online accessibility of cultural material and digital preservation, in which it asks member states to take various steps to digitise cultural materials and ensure online access to them, including making necessary changes to copyright laws with due regard to the interests of rights-holders. | Legal update: archive | 24-Aug-2006 |
| 542 | Ghana ratifies WIPO Copyright Treaty Ghana ratified the WIPO Copyright Treaty on 18 August 2006. The Treaty will enter into force in Ghana on 18 November 2006.Source: WIPO treaty notifications, 30 August 2006. | Legal update: archive | 18-Aug-2006 |
| 543 | Biannual international piracy and counterfeiting statistics ... The Business Action to Stop Counterfeiting and Piracy (BASCAP) project, which is run by the International Chamber of Commerce, has published its mid-year 2006 report, collating information on reported incidents of piracy and counterfeiting, the brands involved, country locations and seizure values. BASCAP also publishes daily and monthly statistics, all of which are available free of charge from its website.Source: ICC press release, 9 August 2006. | Legal update: archive | 09-Aug-2006 |
| 544 | Patent Office requests comments on European Commission's ... Following the launch of the European Commission's consultation on online content in the single market (see Legal update, European Commission launches consultation on online content), the Patent Office has announced that it is co-ordinating the government's response to the consultation, and has requested that comments are sent to it by 29 September 2006. The Patent Office recommends that comments should also be sent separately to the European Commission before the Commission's deadline of 13 October 2006.Source: Patent Office informal policy notice, 7 August 2006. | Legal update: archive | 07-Aug-2006 |
| 545 | European Commission launches consultation on online ... The European Commission has launched a wide-ranging consultation on online content and how to make Europe's online-content market more competitive, with a view to adopting a Communication by the end of 2006. | Legal update: archive | 28-Jul-2006 |
| 546 | Kazaa settlement is announced Following successful litigation in the US and Australia (see Legal update, Australian court rules against Kazaa on file-sharing), the record companies Universal Music, Sony BMG, EMI and Warner Music have settled their claim for damages against Sharman Networks, the owners of the Kazaa peer-to-peer network. Sharman has agreed to pay over US$100 million in damages and has made a commitment to run its business legally. This follows on from Sharman's undertaking in November 2005 to filter 3,000 keywords in order to prevent illegal file-sharing (see Legal update, Kazaa gives undertaking to filter keywords).Source: IFPI press release, 27 July 2006. | Legal update: archive | 27-Jul-2006 |
| 547 | Preservation of digital data to be considered under new ... Project CASPAR (Cultural, Artistic and Scientific knowledge for Preservation, Access and Retrieval), which is to be co-funded by the EU, has been launched in order to address the issue of how digitally-encoded information may be preserved for the future as technology continues to develop. The project is supported by a large consortium and will be led by the UK organisation the Council for the Central Laboratory for the Research Council. CASPAR's aims are to research, implement and disseminate innovative solutions for digital preservation. The CASPAR website will provide access to project documentation and will serve the CASPAR Preservation Use Community, a user group for all those concerned with the preservation of digital information.Source: Government press release, 27 July 2006. | Legal update: archive | 27-Jul-2006 |
| 548 | CLA publishes updated versions of its standard HE licence ... The Copyright Licensing Agency has published updated versions of its standard higher education licence agreement and the user guidelines relating to it. | Legal update: archive | 26-Jul-2006 |
| 549 | Performers' rights The High Court has held that performers' property rights can be partnership property, but this does not divest the individual performers of such rights. | Legal update: archive | 21-Jul-2006 |
| 550 | Order regarding film co-production agreements comes into ... The Films Co-Production Agreements (Amendment) Order 2006 (SI 2006/19) came into force on 20 July 2006. The Order amends the list of countries with which the UK has entered into film co-production agreements and which are treated as British films for the purposes of Schedule 1 to the Films Act 1985. These films may be eligible for national incentives. As a result of the Order, the benefiting countries now include South Africa (see Legal update, UK signs film co-production agreement with South Africa) but exclude Italy. Source: OPSI, Films Co-Production Agreements (Amendment) Order 2006 (SI 2006/19), 26 July 2006. | Legal update: archive | 20-Jul-2006 |
| 551 | European Commission imposes penalty payments on ... The European Commission has announced that it has imposed penalty payments totalling EUR280.5 million on Microsoft Corporation for its continued non-compliance with some of the remedial obligations imposed following the Commission's 2004 Decision, in which it found that Microsoft had abused its dominant position contrary to Article 82 of the EC Treaty. | Legal update: archive | 12-Jul-2006 |
| 552 | BPI asks ISPs to suspend file-sharers' accounts The BPI (British Phonographic Industry) has announced that it has written to the internet service providers, Tiscali and Cable & Wireless, asking them to suspend 59 of their individual subscribers' accounts for unauthorised music file-sharing. | Legal update: archive | 10-Jul-2006 |
| 553 | High Court grants BPI leave to serve proceedings on music ... The BPI (British Phonographic Industry) has announced that it has obtained leave from the High Court to serve proceedings on a Russian digital-music download site based in Moscow. | Legal update: archive | 03-Jul-2006 |
| 554 | High Court considers performers' rights following break-up of ... In a dispute following the break-up of the band Busted, the High Court granted summary judgment to one of the former band-members for infringement of his performer's property rights in an early performance of songs, which the defendant had put on a CD. In doing so, the court considered whether such rights could become partnership property. | Legal update: archive | 15-Jun-2006 |
| 555 | Treaty changes involving Belgium and Brunei Darussalam Belgium ratified the WIPO Performances and Phonograms Treaty and the WIPO Copyright Treaty on 30 May 2006. The Treaties will enter into force in Belgium on 30 August 2006. Brunei Darussalam acceded to the Berne Convention for the Protection of Literary and Artistic Works on 30 May 2006. The Convention will enter into force in Brunei Darussalam on 30 August 2006.Source: WIPO Treaty notifications, 9 June 2006. | Legal update: archive | 09-Jun-2006 |
| 556 | Parliamentary group publishes report on digital rights ... Following submissions received from film and music content owners, platform vendors, libraries and, business and consumer groups, the All Party Parliamentary Internet Group has published a report on digital rights management. | Legal update: archive | 07-Jun-2006 |
| 557 | European Commission launches public consultation on ... The European Commission has issued a consultation paper which seeks views on existing copyright-levy systems and the future use of levies as digital markets continue to expand and technologies converge. | Legal update: archive | 06-Jun-2006 |
| 558 | BBC and independent producers reach first agreement on ... The BBC and Pact, the organisation which represents independent producers, have concluded the first agreement between a major broadcaster and independent producers dealing with rights to show television programmes over the internet and via mobile phones. The agreement is reflected in the form of amendments to their existing terms of trade agreement, for which Ofcom had imposed a deadline of 31 May 2006.Source: BBC press release, 2 June 2006. | Legal update: archive | 02-Jun-2006 |
| 559 | ECJ rules in cable retransmission rights case On a reference from the Belgian courts, the ECJ has ruled that the EC Satellite Broadcasting and Cable Transmission Directive (93/83) permits a collecting society to authorise the exploitation of works and performances of artists and performers who are deemed to have mandated their rights to it. | Legal update: archive | 01-Jun-2006 |
| 560 | Copyright infringement The High Court has dismissed the copyright infringement action brought by the authors of The Holy Blood and The Holy Grail against the publishers of The Da Vinci Code. | Legal update: archive | 26-May-2006 |
| 561 | UK signs film co-production agreement with South Africa The government has signed a film co-production agreement with South Africa to encourage film-makers from both countries to pool their talent, expertise and finance. Co-production agreements enable films that are made jointly by UK producers and their counterparts in other countries to qualify as films with "national" status in both countries, so that they may be eligible for any national incentives. The new co-production agreement will come into force once the UK and South African governments have ratified it.Source: DCMS press release, 24 May 2006. | Legal update: archive | 24-May-2006 |
| 562 | European Commission consults on commitments relating to ... The European Commission has invited comments on its intention to accept binding commitments to resolve competition concerns regarding an agreement between music publishers and European mechanical copyright collecting societies on issues relating to the administration of mechanical copyright for the reproduction of sound recordings on physical carriers. | Legal update: archive | 23-May-2006 |
| 563 | European online film charter is endorsed at Cannes Film ... Following a year-long initiative under the auspices of the European Commission, a number of key players in the film, internet and telecommunications industries have endorsed a European charter for the development and take-up of film online. | Legal update: archive | 23-May-2006 |
| 564 | European Commission publishes proposals for codifying ... The European Commission has published proposals for codifying the Directive harmonising the term of protection of copyright and certain related rights (93/98/EEC) and the Rental and Lending Right Directive (92/100/EEC). The proposed new Directives consolidate the text of the existing Directives and subsequent amendments without making any substantive changes. This is part of the Commission's ongoing project to codify EC legislation (see Legal update, European Commission progress report on overhaul of legislation).Source: European Commission's proposals, COM/2006/219 and COM/2006/226, 19 and 22 May 2006. | Legal update: archive | 19-May-2006 |
| 565 | Google ordered to disclose identity of advertiser The High Court has ordered Google to disclose the identity of an advertiser in a potential copyright infringement case. | Legal update: archive | 17-May-2006 |
| 566 | High Court dismisses royalties claim by bass-player in Bob ... The High Court has dismissed a claim for royalties brought against Universal Island Records by Aston "Family Man" Barrett, the bass-player in Bob Marley's band, the Wailers. | Legal update: archive | 15-May-2006 |
| 567 | Advocate General considers principle of exhaustion under ... Advocate General Sharpston has delivered an opinion in which she concluded that Article 4(2) of the EC Copyright Directive (2001/29/EC) was not invalid, and that it did prevent a member state from retaining the principle of international exhaustion in its legislation. The following report is based on the French-language version of the judgment, as an English translation is not yet available.NOTE: On 12 September 2006, the ECJ followed the Advocate General's opinion (see Legal update, ECJ confirms Copyright Directive prevents national law of international exhaustion). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 04-May-2006 |
| 568 | Music industry consortium establishes Digital Data Exchange A consortium of 11 companies involved in digital music has incorporated the Digital Data Exchange (DDEX) to develop and encourage the adoption of voluntary standards for improving the current exchange of data between companies. Membership of the DDEX is open to any organisation with an interest in digital media content, such as record companies, music rights collecting societies, broadcasters and digital and mobile service providers. Source: MCPS-PRS Alliance press release, 4 May 2006. | Legal update: archive | 04-May-2006 |
| 569 | High Court considers further performers' rights claims brought ... The High Court has considered whether live performances are protected by performers' rights under the Copyright Designs and Patents Act 1988 (CDPA) where the performer died before the CDPA came into force.NOTE: On 24 May 2007, the Court of Appeal upheld this decision (see Legal update, Court of Appeal upholds performers' rights claims brought by Jimi Hendrix estate). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 03-May-2006 |
| 570 | MCPS-PRS Alliance issues first licence in line with EC ... The MCPS-PRS Alliance has entered into a licence, in line with the European Commission's recent recommendation on collective licensing, to provide one-stop clearance for songs to be used by Skype Limited as part of the company's ringtone download and messaging services. | Legal update: archive | 03-May-2006 |
| 571 | Private Members' Bill to prohibit playing of background music The Piped Music and Showing of Television Programmes Bill has been published as a Private Members' Bill in the House of Lords. The Bill provides for the Secretary of State to draw up plans to prohibit the playing of piped background music and the showing of television programmes in the public areas of hospitals and on public transport, and to require people listening to music in such areas to wear headphones. | Legal update: archive | 02-May-2006 |
| 572 | WIPO publishes report on digital rights management The World Intellectual Property Organisation (WIPO) has published a report on the interplay between digital rights management (DRM) and access to protected works by the visually-impaired and those taking part in distance-learning. The report considers the laws and practices of Australia, the Republic of Korea, Spain, the UK and the US, and examines how DRM could be used to implement limitations and exceptions in the digital environment.Source: WIPO report, 27 April 2006. | Legal update: archive | 27-Apr-2006 |
| 573 | MCPS launches blanket licence for music quiz games The Mechanical Copyright Protection Society (MCPS) has launched a blanket licence for music quiz games, meaning that game producers will no longer need to obtain separate approval for each clip of music that they want to use in a music quiz game. The licence covers games produced in any physical format, and royalty rates start from £1.50 for games, using up to 150 music clips, for up to 30 seconds.Source: MCPS press release, 24 April 2006. | Legal update: archive | 24-Apr-2006 |
| 574 | Confidentiality and copyright The High Court has awarded HRH The Prince of Wales summary judgment for breach of confidence and copyright infringement against the publisher of The Mail on Sunday in respect of his Hong Kong journal. | Legal update: archive | 21-Apr-2006 |
| 575 | Samoa accedes to Berne Convention Samoa acceded to the Berne Convention for the Protection of Literary and Artistic Works on 21 April 2006. Its membership of the Convention will take effect on 21 July 2006. Source: WIPO Treaty notification, 21 April 2006. | Legal update: archive | 21-Apr-2006 |
| 576 | Order revokes extension of CDPA to Gibraltar The Copyright (Gibraltar) Revocation Order 2006 (SI 2006/1039), which was made by Order in Council on 11 April 2006, will revoke the previous extension of the Copyright, Designs and Patents Act 1988 to Gibraltar, once it is brought into force by the Governor of Gibraltar. | Legal update: archive | 18-Apr-2006 |
| 577 | Regulations implementing IP Rights Enforcement Directive ... The government has issued regulations implementing the IP Rights Enforcement Directive (2004/48/EC). The regulations, which will come into force on 29 April 2006, make a large number of changes to the UK statutes dealing with patents, trade marks, copyright, designs and database rights. | Legal update: archive | 13-Apr-2006 |
| 578 | European Commission Decision on re-use of Commission ... The European Commission has published a Decision which sets out the conditions for the re-use of documents held by the Commission or on its behalf. | Legal update: archive | 07-Apr-2006 |
| 579 | High Court rejects copyright infringement claim in Da Vinci ... The High Court has dismissed the copyright infringement action brought by the authors of The Holy Blood and The Holy Grail against the publishers of The Da Vinci Code, and in doing so has analysed the scope of a claim for non-textual infringement of a copyright work.NOTE: On 28 March 2007, the Court of Appeal dismissed an appeal against this decision (see Legal update, Court of Appeal dismisses appeal in Da Vinci Code case). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 07-Apr-2006 |
| 580 | Artist's resale right The Artist's Resale Right Regulations 2006 came into force on 14 February 2006. | Legal update: archive | 27-Mar-2006 |
| 581 | European Commission publishes decision on Microsoft ... The European Commission has published the text of its July 2005 decision setting out the terms of appointment of a monitoring trustee to assist it in monitoring Microsoft's compliance with the remedial obligations imposed following its 2004 decision, in which it found that Microsoft had abused its dominant position contrary to Article 82 of the EC Treaty. | Legal update: archive | 10-Mar-2006 |
| 582 | European Commission sends Microsoft letter on non ... The European Commission has sent a letter to Microsoft Corporation setting out its provisional view that Microsoft is still not in compliance with the remedial obligations imposed following the Commission's 2004 Decision in which it found that Microsoft had abused its dominant position, contrary to Article 82 of the EC Treaty. | Legal update: archive | 10-Mar-2006 |
| 583 | Patent Office launches consultation on improvements to ... The Patent Office has announced that it is considering making a number of improvements to the Copyright Tribunal in the form of amendments to the Copyright Tribunal Rules 1989, the consolidation of the statutory instruments which govern the operation of the Tribunal, the revision of the 1995 Practice Direction on the Tribunal's procedures, and changes to the general administration of the Tribunal by the Patent Office. Comments are requested by 31 May 2006.Source: Patent Office, Copyright notice, Review of the Copyright Tribunal, 8 March 2006. | Legal update: archive | 08-Mar-2006 |
| 584 | Collective-licensing scheme for music podcasting launched The MCPS-PRS Alliance has launched a collective-licensing scheme for music podcasting. | Legal update: archive | 03-Mar-2006 |
| 585 | Government publishes new consolidated lists of Convention ... The government has issued three new Orders setting out the Convention countries to which the provisions of the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949 and the Patents Act 1977 respectively extend. | Legal update: archive | 03-Mar-2006 |
| 586 | Results of European Commission consultation on European ... The European Commission has published the results of its consultation on a proposed digital library of European books, periodicals and audio-visual works. | Legal update: archive | 02-Mar-2006 |
| 587 | Copyright: arcade video game The High Court has held that there was no infringement of any artistic or literary copyright work in a video game. | Legal update: archive | 24-Feb-2006 |
| 588 | File-sharing The High Court has granted summary judgment in favour of a number of record companies against an individual music file-sharer. | Legal update: archive | 24-Feb-2006 |
| 589 | Microsoft files response to Commission's statement of ... Following the European Commission's finding that Microsoft Corporation had infringed Article 82 of the EC Treaty, the Commission imposed an interoperability remedy on Microsoft. As part of the Commission's attempt to implement this remedy, it served a statement of objections on Microsoft in December 2005. The Commission has announced that it has now received Microsoft's response to this statement. | Legal update: archive | 15-Feb-2006 |
| 590 | Regulations on artist's resale right come into force The Artist's Resale Right Regulations 2006 (the Regulations), which introduce a new royalty for artists on the resale of their works, came into force on 14 February 2006. See Legal update, Regulations on artist's resale right laid before Parliament for a summary of the main features of the resale right conferred by the Regulations.Source: GNN, DTI press release, 14 February 2006; Artist's Resale Right Regulations 2006, 20 February 2006. | Legal update: archive | 14-Feb-2006 |
| 591 | European Commission proceeds against CISAC and its EEA ... The European Commission has sent statements of objections to the International Confederation of Societies of Authors and Composers (CISAC) and its national collecting-society members in the European Economic Area (EEA), alleging that certain parts of the CISAC model contract and its implementation in the EEA infringe Article 81(1) of the EC Treaty. | Legal update: archive | 07-Feb-2006 |
| 592 | Artist's resale right The Department of Trade and Industry has laid before Parliament regulations to implement Directive 2001/84/EC, which introduces a new royalty for artists on the resale of their works. | Legal update: archive | 30-Jan-2006 |
| 593 | ISPs ordered to disclose identities of software file-sharers The High Court has ordered ten internet service providers (ISPs) to disclose the identities of 150 individuals accused of illegally sharing computer software. The ISPs, which include BT, NTL and Tiscali, have two weeks in which to disclose the information. The Federation Against Software Theft, which brought the action, stated that it intends to approach the police and the Crown Prosecution Service once it has the information.Source: BBC News press release, 30 January 2006. | Legal update: archive | 30-Jan-2006 |
| 594 | BPI awarded summary judgment in actions against music file ... The BPI has reported that it has obtained judgment against two individuals who made music files available for download over the internet without permission, although transcripts of the judgments are not yet available. | Legal update: archive | 27-Jan-2006 |
| 595 | European Commission statement on Microsoft compliance ... The European Commission has stated that it will study carefully Microsoft Corporation's announcement that it intends to license the relevant Windows-server source-code information in order to resolve all issues connected with its compliance with the Commission's Article 82 infringement decision of March 2004. | Legal update: archive | 25-Jan-2006 |
| 596 | Pan-European online music licensing deal is announced EMI Music Publishing has announced a collaboration with two major European collecting societies to facilitate the licensing of its online music rights on a pan-European basis. | Legal update: archive | 23-Jan-2006 |
| 597 | IFPI publishes report on digital music business The IFPI (International Federation of the Phonographic Industry) has published a report which contains detailed facts and figures on the performance of the digital music business over the past year, and discusses the challenges to be faced by the industry in the years ahead. | Legal update: archive | 19-Jan-2006 |
| 598 | New MCPS rate for use of music in TV programmes The MCPS (Mechanical Copyright Protection Society) has launched a new "per-programme rate" for the use of music in television programmes. Under the new system, users will pay a one-off flat fee to include music from the MCPS's extensive library of production music in a particular television programme. The rates are based on multiples of 30 minutes and vary according to whether the television programme is to be broadcast within the UK only, throughout Europe or worldwide.Source: MCPS press release, 19 January 2006. | Legal update: archive | 19-Jan-2006 |
| 599 | Regulations on moral rights for performers laid before ... The Performances (Moral Rights, etc.) Regulations 2006 (the Regulations), which create moral rights for performers, were laid before Parliament on 11 January 2005 and will come into force on 1 February 2006. See Legal update, New regulations create moral rights for performers for a summary of the rights conferred by the Regulations.Source: OPSI, Performances (Moral Rights, etc.) Regulations 2006, 27 January 2006. | Legal update: archive | 11-Jan-2006 |
| 600 | New Copyright Tribunal practice direction The Copyright Tribunal has issued a practice direction setting out the procedure that it intends to adopt in considering references made to it by the Secretary of State for Trade and Industry.Source: Copyright Tribunal practice direction, 3 January 2006. | Legal update: archive | 03-Jan-2006 |
| 601 | Statement of objections issued to Microsoft in competition ... The European Commission has issued a statement of objections to Microsoft regarding its failure to comply with some of its obligations in the March 2004 decision, finding that Microsoft had infringed Article 82 of the EC Treaty. The objections allege, in particular, that Microsoft has not given complete and accurate information to allow others to achieve full interoperability with Windows PCs and servers. | Legal update: archive | 22-Dec-2005 |
| 602 | High Court refuses to grant declaration of non-infringement in ... In a case concerning copyright in computer software, the High Court has reviewed its discretion to give declaratory relief and decided against giving it to the claimant, although it found that the defendants had implicitly asserted that their copyright had been infringed by the claimant.NOTE: On 23 January 2007, the Court of Appeal dismissed an appeal against this decision (see Legal update, Court of Appeal dismisses appeal against decision on declaration of non-infringement). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 16-Dec-2005 |
| 603 | Regulations on artist's resale right laid before Parliament The government has laid before Parliament regulations to implement EC Directive 2001/84, which introduces a new royalty for artists on the resale of their works. The original draft of the Regulations was amended in light of the response to the Patent Office consultation launched in February 2005. | Legal update: archive | 15-Dec-2005 |
| 604 | European Commission publishes evaluation of EC rules on ... The European Commission has published the first evaluation of whether the EC Database Directive (96/9/EC) has been successful in achieving its goals. The Commission has identified four options for reforming the legal protection of databases to meet the problems it has identified, on which it is seeking the views of interested parties. | Legal update: archive | 12-Dec-2005 |
| 605 | Treaty accessions by Iran, Macedonia, Azerbaijan and Benin The following Treaty accessions have been notified to WIPO:Iran acceded to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration on 9 December 2005 (which will come into force in Iran on 9 March 2006);Macedonia acceded to the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs on 22 December 2005 (which will come into force in Macedonia on 22 March 2006);Azerbaijan acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 11 January 2006 (both of which will come into force in Azerbaijan on 11 April 2006); and Benin acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 16 January 2006 (both of which will come into force in Benin on 16 April 2006).Source: WIPO Treaty notifications, 26 January 2006. | Legal update: archive | 09-Dec-2005 |
| 606 | "X Factor" TV show format copyright claim settled 19TV, the company which created the talent shows Pop Idol and American Idol, has settled copyright infringement proceedings against the producers of the talent show the X Factor, according to press reports. It had claimed that the defendants had copied the Pop Idol format in the X Factor, and was also suing for breach of contract because the X Factor production team included former 19TV employees who were contractually prevented from working for competitors. The settlement means that the interesting question of the extent to which programme formats are protected by copyright will not be aired before the UK courts (see Legal update, High Court considers rights in "Who wants to be a Millionaire?" format for the most recent consideration of this issue by the English courts). Source:X Factor copyright case settled, BBC News, 30 November 2005. | Legal update: archive | 30-Nov-2005 |
| 607 | Parliamentary group asks for views on digital rights ... The All Party Parliamentary Internet Group, whose role is to improve communication between the government and new media industries, has asked for comments on issues related to digital rights management (DRM), especially suggestions for improving existing copyright laws to take account of DRM. The closing date for responses is 21 December 2005, and the group will collate replies into a report to Parliament to help it in formulating future policy.Source: Silicon.com news report, 15 November 2005. | Legal update: archive | 16-Nov-2005 |
| 608 | Grokster settles file-sharing claim Grokster Limited has reached a settlement with MGM Inc. and MGM's co-claimants following the US Supreme Court judgment which found Grokster liable for copyright infringement arising from the file-sharing facilitated by software available from its website (see Legal update, US Supreme Court rules against file-sharing services in Grokster case). As part of the settlement, Grokster has stopped operating from its website at www.grokster.com, and has also reportedly agreed to pay US$50 million in damages. Grokster's co-defendant, Streamcast Networks Inc., was not party to the settlement deal.Source: BBC news report, 8 November 2005. | Legal update: archive | 08-Nov-2005 |
| 609 | High Court refuses to transfer software royalty proceedings to ... In proceedings brought by a software developer against Atari Interactive Inc. for audit and recovery of royalties due on sales of computer games, the High Court refused to set aside an order for service on the defendant and stay the proceedings, on the ground that England was the appropriate forum. | Legal update: archive | 01-Nov-2005 |
| 610 | Draft Order for UK implementation of WIPO Treaties The government has issued a draft Order declaring the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty to be "Community Treaties" for the purpose of the European Communities Act 1972, with a view to bringing both WIPO Treaties into force in the UK on 1 February 2006. | Legal update: archive | 21-Oct-2005 |
| 611 | New regulations create moral rights for performers The Performances (Moral Rights, etc.) Regulations 2005, which create moral rights for performers, have been published in final draft form. The government intends to lay the Regulations before Parliament by the end of 2005, with a view to their taking effect on 1 February 2006. | Legal update: archive | 21-Oct-2005 |
| 612 | European Commission recommends pan-European copyright ... The European Commission has adopted a recommendation to facilitate the collective cross-border management of copyright and related rights for legitimate online music services. | Legal update: archive | 12-Oct-2005 |
| 613 | Dominican Republic and Nepal accede to WIPO Treaties The Dominican Republic acceded to the WIPO Performances and Phonograms Treaty and the WIPO Copyright Treaty on 10 October 2005. The Treaties will come into force in the Dominican Republic on 10 January 2006. The Kingdom of Nepal acceded to the Berne Convention for the Protection of Literary and Artistic Works on 11 October 2005. The Convention will come into force in Nepal on 11 January 2006.Source: WIPO treaty notifications. | Legal update: archive | 11-Oct-2005 |
| 614 | Digitisation initiatives flourish Yahoo! has announced the launch of the Open Content Alliance which will provide a digitisation service to rival Google's controversial Google Print project. | Legal update: archive | 03-Oct-2005 |
| 615 | WIPO to accelerate international broadcasting treaty The World Intellectual Property Organisation (WIPO) has agreed to speed up its work on updating intellectual property standards for broadcasting, saying that it hopes to convene a diplomatic conference on the subject in autumn 2006, and to adopt an international treaty by 2007. For more information, see Legal update, Progress on international broadcasting treaty. Source: WIPO Press Release, 3 October 2005. | Legal update: archive | 03-Oct-2005 |
| 616 | European Commission appoints Monitoring Trustee as ... Details have been published of the grounds of an appeal to the CFI brought by Microsoft Corporation challenging the European Commission's decision that Microsoft must make available to third parties, in source code form, software developed by competitors who have received interoperability information from it. In the meantime, the Commission has announced that it has appointed a Monitoring Trustee who will check that Microsoft is complying with the decision. | Legal update: archive | 30-Sep-2005 |
| 617 | BPI launches free anti-file-sharing software The BPI (British Phonographic Industry) has made available a free software program called Digital File Check, which enables users to uninstall or block file-sharing software and to remove illegally copied files. | Legal update: archive | 23-Sep-2005 |
| 618 | Performers' moral rights The Patent Office has published the results of its final public consultation on proposed moral rights for performers. | Legal update: archive | 23-Sep-2005 |
| 619 | Bahrain accedes to WIPO Treaties The Kingdom of Bahrain acceded to the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 15 September 2005. These will come into force in Bahrain on 15 December 2005. Source: WIPO treaty notifications. | Legal update: archive | 15-Sep-2005 |
| 620 | Microsoft files second appeal against European Commission ... Microsoft Corporation has filed an appeal with the CFI, challenging the European Commission's position that Microsoft should make available the source code of its communication protocols under an open-source licence. The background to the Commission's proceedings against Microsoft under Article 82 of the EC Treaty is summarised in the Legal update, European Commission considers Microsoft's proposals on infringement decision. Source: BBC News, 8 September 2005. | Legal update: archive | 13-Sep-2005 |
| 621 | Australian court rules against Kazaa on file-sharing In a landmark judgment, the Federal Court of Australia ruled on 5 September 2005 that operators of the Kazaa peer-to-peer network infringed the copyright of 30 music companies. | Legal update: archive | 05-Sep-2005 |
| 622 | Cyprus accedes to WIPO Performances and Phonograms ... The Republic of Cyprus acceded to the WIPO Performances and Phonograms Treaty on 2 September 2005. The Treaty will come into force in the Republic of Cyprus on 2 December 2005. Source: WIPO, WPPT Notification No. 56, 2 September 2005. | Legal update: archive | 02-Sep-2005 |
| 623 | Hearing officer declines jurisdiction over copyright issues ... The designs hearing officer has held that the Comptroller General of Patents, Designs and Trade Marks does not have jurisdiction to hear a dispute about unregistered design right where the only issue in dispute concerned whether the design was also protected by copyright as an artistic work. | Legal update: archive | 30-Aug-2005 |
| 624 | CLA adds scanning to its standard HE licence The Copyright Licensing Agency has extended its standard Higher Education licence agreement to permit educational institutions and their registered students to make digital copies of documents, as well as physical photocopies. The enhanced licences will run for an initial trial period of three years (dating retrospectively from 31 July 2005 and continuing until 31 July 2008) after which they will be subject to review. Source: CLA, Scanning Rights for Higher Education, 16 August 2005. | Legal update: archive | 16-Aug-2005 |
| 625 | Patent Office publishes results of performers' moral rights ... The Patent Office has published the results of its final public consultation on proposed moral rights for performers. | Legal update: archive | 08-Aug-2005 |
| 626 | BPI issues formal court proceedings against file-sharers The BPI has announced that it is lodging formal court proceedings against five indivduals who made songs available for download without permission. It is seeking an injunction, damages and costs against the individuals. | Legal update: archive | 02-Aug-2005 |
| 627 | Qatar accedes to WIPO treaties On 28 July 2005, Qatar acceded to the WIPO Performances and Phonograms Treaty and the WIPO Copyright Treaty. Both treaties will enter into force in Qatar on 28 October 2005. Source: WIPO, WPPT Notification No. 55 and WCT Notification No. 56, 28 July 2005. | Legal update: archive | 28-Jul-2005 |
| 628 | Copyright: online exploitation A group of UK online music service providers and the British Phonographic Industry have referred to the Copyright Tribunal the licence terms set by the MCPS-PRS Alliance for the use of musical works on the internet and on wireless devices. | Legal update: archive | 25-Jul-2005 |
| 629 | Court of Appeal rules on entitlement to damages for copyright ... The Court of Appeal has ruled that damages awarded by a lower court for copyright infringement were not in fact payable, as the relevant losses arose from use of the idea underlying the copyright document, rather than from misappropriation of the copyright work itself. | Legal update: archive | 22-Jul-2005 |
| 630 | File sharing: the US court tightens the net The US Supreme Court has handed down its decision in MGM v Grokster, holding that peer-to-peer software services may be held liable for copyright infringement by the services users. | Legal update: archive | 22-Jul-2005 |
| 631 | ECJ gives preliminary ruling on phonogram royalties Following a reference to the ECJ by the French courts, the ECJ has ruled that the Satellite Broadcasting Directive (93/83) does not preclude the fee for phonogram use by a broadcaster from being governed by the law of more than one member state. However, the court has held that if phonogram royalties are payable by a broadcaster in more than one member state, the Rental Directive (92/100/EEC) does not permit the broadcaster to unilaterally deduct the royalty paid in one member state from the royalty paid in another member state. | Legal update: archive | 14-Jul-2005 |
| 632 | EC proposes reform of online collective music licensing The European Commission has published a detailed study in which it proposes a new system for the cross-border collective rights management of online music. | Legal update: archive | 07-Jul-2005 |
| 633 | ECJ rules on conflict between EC non-discrimination principle ... In a case involving the copying of designs for shoes, the ECJ has ruled that the principle of non-discrimination in Article 12 of the EC Treaty prevails over the principle of reciprocity in Article 2(7) of the Berne Convention. | Legal update: archive | 30-Jun-2005 |
| 634 | MCPS and PRS terms for online use of musical works referred ... A group of UK online music service providers and the BPI have referred to the Copyright Tribunal the licence terms set by the MCPS-PRS Alliance for the use of musical works on the internet and on wireless devices.NOTE: The Copyright Tribunal published its interim decision in relation to this dispute on 19 July 2008 (see Legal update, Copyright Tribunal publishes interim decision on dispute regarding online royalty rates). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 29-Jun-2005 |
| 635 | US Supreme Court rules against file-sharing services in ... The US Supreme Court has handed down its decision in the MGM v Grokster case, which reverses the decision of the lower court and holds that peer-to-peer software services may be held liable for inducing copyright infringement. | Legal update: archive | 27-Jun-2005 |
| 636 | Copyright: ownership of musical work The Court of Appeal has held that modern performing editions of musical compositions that were out of copyright were original musical works under the Copyright, Designs and Patents Act 1988. | Legal update: archive | 22-Jun-2005 |
| 637 | EU and US agree to step up anti-piracy co-operation At the summit currently taking place in Washington, EU and US representatives have agreed broad principles for co-operating in the fight against global piracy and counterfeiting. An official summit statement promises that both regions will promote anti-infringement laws both internally and at borders, publish information on enforcement action, increase transatlantic co-operation and foster public-private partnerships to protect intellectual property rights. Source: EU-US summit declaration, 20 June 2005. | Legal update: archive | 20-Jun-2005 |
| 638 | Oman accedes to WIPO treaties The Sultanate of Oman acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 20 June 2005. Both treaties will enter into force in Oman on 20 September 2005. Source: WIPO, WCT Notification No. 55 and WPPT Notification No. 54, 20 June 2005. | Legal update: archive | 20-Jun-2005 |
| 639 | Patent Office survey: businesses risk losing IP rights in sub ... A survey conducted for the Patent Office has revealed that 40% of businesses believe that they would automatically own the copyright in software which they ask a sub-contractor to develop for them, while an additional 30% of businesses do not know who would own it. The survey has been carried out as part of the What is the Key? campaign, which is designed to highlight how growing businesses can benefit from their intellectual property. Source: Patent Office Press Release, 20 June 2005. | Legal update: archive | 20-Jun-2005 |
| 640 | European Commission considers Microsoft's proposals on ... The European Commission has announced plans to market-test Microsoft Corporation's proposals for implementing the Commission's decision that Microsoft has infringed Article 82 of the EC Treaty by leveraging its dominant position in the market for PC operating systems into the markets for work-group server operating systems and media players. | Legal update: archive | 06-Jun-2005 |
| 641 | Performers' rights: retrospective protection against ... A recent case concerning recordings of Jimi Hendrix has confirmed that musicians and actors' performances are protected retrospectively against unauthorised exploitation and that each performer enjoys those rights as an individual, regardless of whether they perform as part of a group. | Legal update: archive | 31-May-2005 |
| 642 | Libel: alleged copyright infringement The High Court has dismissed an application by a firm of solicitors for summary judgment against a claimant in libel proceedings arising from copyright infringement allegations made in a letter before action. | Legal update: archive | 26-May-2005 |
| 643 | EU head of copyright outlines IP policy agenda Tilman Lueder, the acting head of the European Commission's copyright unit, has given a speech in which he outlines policy options in the areas of collective rights management, design protection for visible spare parts, database right and the amendment of copyright law to tailor it to a digital environment. | Legal update: archive | 28-Apr-2005 |
| 644 | Latvia and Albania ratify WIPO treaties Latvia ratified the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs on 26 April 2005. The Geneva Act will come into force in Latvia on 26 July 2005. Albania acceded to the WIPO Copyright Treaty on 6 May 2005. The Treaty will come into force in Albania on 6 August 2005. Source: WIPO treaty notifications. | Legal update: archive | 26-Apr-2005 |
| 645 | Copyright: damages The High Court has awarded additional damages for copyright infringement following successful committal proceedings. | Legal update: archive | 21-Apr-2005 |
| 646 | Copyright: defences The High Court has considered the defences of fair dealing and incidental inclusion. | Legal update: archive | 21-Apr-2005 |
| 647 | High Court orders ISPs to name another 33 file-sharers The BPI (British Phonographic Industry) has reported that the High Court has ordered five internet service providers (ISPs) to disclose the identities of 33 more individuals alleged to have illegally distributed music files on peer-to-peer file-sharing networks (see also Legal update, BPI and IFPI take further legal action against file-sharers). The ISPs have two weeks to disclose the identities of the individuals who, allegedly, have uploaded more than 72,000 music files and will now face claims for compensation and legal costs.Source: BPI Press Release, 19 April 2005. | Legal update: archive | 19-Apr-2005 |
| 648 | Creative Archive Licence launched The BBC, Channel 4, the British Film Institute and the Open University have launched the Creative Archive Licence, which allows users to access, download and use audio and video archives for non-commercial purposes, provided that they agree to observe the terms of the Licence. | Legal update: archive | 13-Apr-2005 |
| 649 | BPI and IFPI take further legal action against file-sharers The BPI and the IFPI have announced the instigation of further legal actions against internet music file-sharers in the UK, Europe and Asia. | Legal update: archive | 12-Apr-2005 |
| 650 | New rules issued on how foreign works qualify for copyright ... The government has issued a new Order setting out the countries to which the provisions of the Copyright, Designs and Patents Act 1988 extend, when determining whether a work qualifies for copyright protection in the UK. | Legal update: archive | 04-Apr-2005 |
| 651 | Artist's resale right The Patent Office is consulting on implementation of the Directive on the resale right for the benefit of the author of an original work. | Legal update: archive | 29-Mar-2005 |
| 652 | High Court orders ISPs to name more file-sharers The High Court has granted the British Phonographic Industry (BPI) an order requiring six UK internet service providers to disclose, within 14 days, the names and addresses of 31 individuals alleged to have uploaded large numbers of music files to peer-to-peer networks. This follows the BPI's recent announcement that it has agreed financial settlements with 23 other individuals it has been targeting for illegally distributing music online (see Legal update, BPI announces settlements with filesharing individuals). Source: BPI press release, 11 March 2005. | Legal update: archive | 11-Mar-2005 |
| 653 | Navitaire and easyJet continue court battle Navitaire Inc has failed in an application to re-open the trial of its software-related copyright infringement claim against easyJet Airline Co Ltd and Bulletproof Technologies Inc on the ground that new evidence has come to light. At the same hearing, the judge gave permission for Navitaire to appeal on specific questions of law. | Legal update: archive | 11-Mar-2005 |
| 654 | Patent Office publishes unofficial consolidation of copyright ... The Patent Office has published an unofficial consolidated text of UK legislation on copyright and related rights (including rights in performances, publication right and database right), which incorporates amendments made up to 31 December 2003. The text includes amendments made to the Copyright, Designs and Patents Act 1988 by means of secondary legislation in order to implement EC directives in the field. Source: Patent Office notice, 11 March 2005. | Legal update: archive | 11-Mar-2005 |
| 655 | BPI announces settlements with filesharing individuals The British Phonographic Industry (BPI) has announced that it has agreed financial settlements with 23 of the 26 people it has targeted for distributing music illegally online over peer-to-peer networks (see Legal update, Four ISPs reveal names and addresses of file-swappers to British Phonographic Industry). The average settlement is over GBP2000 but some of the individuals have agreed to pay as much as GBP4,500. All have given undertakings to stop the activities complained of, in order to avoid being sued for copyright infringement. The BPI has said that it intends to bring similar claims against 31 more individuals. Source: BPI press release, Illegal filesharers pay thousands of pounds in compensation, 4 March 2005. | Legal update: archive | 04-Mar-2005 |
| 656 | Patent Office launches anti-piracy training CD The Patent Office has published a new training CD on IP crime, for use by enforcement agencies and brand owners. It is the outcome of a collaboration between customs officials, lawyers, investigators and brand protection managers, and goes through the process of investigating and prosecuting piracy offences.Source: Patent Office press release, Fighting IP Crime is the "Rights Thing", 4 March 2005. | Legal update: archive | 04-Mar-2005 |
| 657 | Copyright licensing scheme for schools and colleges is ... The role of the Educational Recording Agency in schools and colleges is to broaden as the terms and members of its licensing scheme expand. This follows from implementation of the Copyright and Related Rights Regulations 2003 and the ever increasing use of technology across society. | Legal update: archive | 02-Mar-2005 |
| 658 | High Court finds for Jimi Hendrix estate in case concerning ... In finding that performers' rights exist in certain performances given by Jimi Hendrix in Stockholm in 1969, the High Court has provided useful clarification of some of the transitional provisions of the Copyright, Designs and Patents Act 1988. | Legal update: archive | 24-Feb-2005 |
| 659 | High Court rejects fair dealing defence in comparative ... In a newly published judgment of a case heard in February, relating to an advertisement comparing the price and size of various TV listings magazines, the High Court has rejected the defendant's argument that its reproduction of the cover of the claimant's magazine in the advertisement was fair dealing with the work. | Legal update: archive | 24-Feb-2005 |
| 660 | Patent Office consults on implementation of artist's resale right The Patent Office has launched a consultation on the proposed implementation in the UK of EC Directive 2001/84, which introduces a new royalty for artists on the resale of their works. | Legal update: archive | 18-Feb-2005 |
| 661 | Copyright: assignment of reversionary interest The Court of Appeal has confirmed that the effect of the transitional provisions in the Copyright Act 1956 is that a living author could, while that Act was in force, validly assign the reversionary interest in the copyright in his works. | Legal update: archive | 17-Feb-2005 |
| 662 | Copyright: ownership The Court of Appeal has confirmed that all worldwide copyright in a logo must be assigned to the manufacturer. | Legal update: archive | 17-Feb-2005 |
| 663 | Court of Session determines true copyright owner in computer ... In a copyright infringement dispute concerning computer software, the Court of Session has confirmed that the claimant (pursuers) had title to sue, following a complex transaction surrounding the liquidation of the original copyright owner. | Legal update: archive | 16-Feb-2005 |
| 664 | IPR symbols: a practical guide Intellectual property rights symbols such as © ® and appear on everyday products ranging from mobile phones to this copy of PLC but, given that copyright protection is automatic in the UK and trade marks must be registered to be protected under the Trade Marks Act 1994, what purpose do these symbols serve? | Legal update: archive | 21-Jan-2005 |
| 665 | Copyright: infringement The High Court has reconfirmed that a person does not authorise copyright infringement merely by selling an item whose onward distribution or use will inevitably constitute infringement. | Legal update: archive | 20-Jan-2005 |
| 666 | Copyright: source code The High Court has held that writing original source code to produce a program with the same functionality as an existing program did not infringe the earlier program. | Legal update: archive | 20-Jan-2005 |
| 667 | Uzbekistan accedes to Berne Convention On 19 January 2005 the Republic of Uzbekistan acceded to the Berne Convention for the Protection of Literary and Artistic Works. The treaty will enter into force in the Republic of Uzbekistan on 19 April 2005. Source: Berne Notification no. 244, Accession by the Republic of Uzbekistan, 19 January 2005. | Legal update: archive | 19-Jan-2005 |
| 668 | Comoros Islands accede to Berne Convention On 17 January 2005 the Union of Comoros acceded to the Berne Convention for the Protection of Literary and Artistic Works. The treaty will enter into force in the Union of Comoros on 17 April 2005. Source: Berne Notification no. 247, Accession by the Union of Comoros, 17 January 2005. | Legal update: archive | 17-Jan-2005 |
| 669 | Singapore accedes to WIPO treaties On 17 January 2005 the Republic of Singapore acceded to the WIPO Copyright Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT) and the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs. All three treaties will enter into force in the Republic of Singapore on 17 April 2005. Source: World Intellectual Property Organization. | Legal update: archive | 17-Jan-2005 |
| 670 | Microsoft interim relief application rejected On 22 December 2004, the President of the Court of First Instance dismissed an interim measures application by Microsoft Corporation, by which it sought to suspend the remedies imposed by the European Commission in its decision finding that Microsoft had breached Article 82 of the EC Treaty. The President found that Microsoft had shown that it had a prima facie case. However, Microsoft had not produced sufficient evidence to show that the implementation of the remedies might cause it serious and irreparable damage. | Legal update: archive | 22-Dec-2004 |
| 671 | Magazine publisher loses copyright infringement case The High Court has rejected a claim by the publishing company, IPC Media Limited, that a rival magazine publisher had infringed copyright in its IDEAL HOME magazine, on the basis that the defendant had neither copied nor copied a substantial part of the claimant's work. | Legal update: archive | 21-Dec-2004 |
| 672 | Macedonia accedes to the WIPO Performances and ... The former Yugolsav Republic of Macedonia acceded to the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty on 20 December 2004. The treaty will enter into force in the former Yugoslav Republic of Macedonia on 20 March 2005. Source: WPPT notification no 46 - Macedonia accedes to Performances and Phonograms Treaty, 20 December 2004. | Legal update: archive | 20-Dec-2004 |
| 673 | Herbert Ungerer speech: competition aspects of copyright ... The European Commission has published a speech given by Herbert Ungerer, head of DG Competition media branch, discussing the competition aspects of copyright managment in the new online music markets in the EU. | Legal update: archive | 16-Dec-2004 |
| 674 | Court of Appeal dismisses appeal in reversionary copyright ... The Court of Appeal has dismissed an appeal against the High Court's decision that the effect of the transitional provisions in the Copyright Act 1956 is that a living author could, while that Act was in force, validly assign the reversionary interest in the copyright in his works. | Legal update: archive | 14-Dec-2004 |
| 675 | UK film anti-piracy body publishes recommendations A report published by the UK Film Council's anti-piracy task force recommends a range of legislative and practical measures to combat film piracy. | Legal update: archive | 13-Dec-2004 |
| 676 | ECJ declares non-compliance of UK government on Copyright ... The ECJ has ruled that the UK government did not comply fully with the 2001 EC Directive on the harmonisation of certain aspects of copyright and related rights in the information society, as it failed to ensure that it was implemented in Gibraltar by the prescribed date. | Legal update: archive | 09-Dec-2004 |
| 677 | Armenia accedes to Performances and Phonograms Treaty ... The Republic of Armenia acceded to the World Intellectual Property Organisation (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty on 6 December 2004. Both treaties will enter into force in Armenia on 6 March 2005. Source: WIPO notification no 52 - Armenia accedes to Copyright Treaty, 6 December 2004 and WIPO notification no 51 - Armenia accedes to Performances and Phonograms Treaty, 6 December 2004. | Legal update: archive | 06-Dec-2004 |
| 678 | Composers complain to OFT over television commissioning ... The British Academy of Composers and Songwriters has complained to the Office of Fair Trading about an allegedly coercive commissioning practice followed by certain television broadcasters and independent producers. | Legal update: archive | 06-Dec-2004 |
| 679 | Microsoft seeks over GBP11m in damages from two ... In a recently-published judgment of a case heard at the end of 2004, Microsoft has established the liability, in a civil action, of two individuals, based on their earlier criminal convictions for conspiring to defraud Microsoft by dishonestly dealing in counterfeit Microsoft software. However, the High Court was not prepared to grant Microsoft an interim payment against Microsoft's £11.8m damages claim which remained to be determined. | Legal update: archive | 03-Dec-2004 |
| 680 | OFT refers iTunes complaint to European Commission The Office of Fair Trading has referred to the European Commission a complaint about the different prices charged by Apple's iTunes music download services in different European countries. | Legal update: archive | 03-Dec-2004 |
| 681 | Ireland accedes to Berne Convention Ireland has acceded to the Berne Convention for the Protection of Literary and Artistic Works. Its membership of the Convention will take effect on 2 March 2005. Source: WIPO Treaties Database. | Legal update: archive | 02-Dec-2004 |
| 682 | Progress on international broadcasting treaty WIPO has taken another step towards agreeing an international treaty aimed at the protection of broadcasting organisations. | Legal update: archive | 17-Nov-2004 |
| 683 | Indonesia ratifies WIPO Performances and Phonograms ... The Republic of Indonesia ratified the WIPO Performances and Phonograms Treaty on 15 November 2004. The treaty will enter into force in Indonesia on 15 February 2005. Source: WIPO Performances and Phonograms Treaty Database | Legal update: archive | 15-Nov-2004 |
| 684 | Botswana accedes to WIPO Treaties The Republic of Botswana acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on 27 October 2004. Both treaties will enter into force in Botswana on 27 January 2005. Sources: WIPO Copyright Treaty Database and WIPO Performances and Phonograms Treaty Database. | Legal update: archive | 10-Nov-2004 |
| 685 | Fair dealing defence in copyright action | Legal update: archive | 10-Nov-2004 |
| 686 | Four ISPs reveal names and addresses of file-swappers to ... According to reports, the names and addresses of the 26 individuals who are to be sued in the UK by certain record companies for copyright infringement, in respect of music file-swapping over the internet, were handed over last week by four UK ISPs, BT Openworld, Wanadoo, Telewest and NTL, in accordance with a High Court order issued earlier in October (see Legal update, ISPs forced to reveal names of illegal file swappers). Although the record companies were able to identify the file sharers by reference to their Internet Protocol addresses, only the ISPs who provide them with internet access could link those addresses to named subscribers. Source: Record labels offer to settle pirate suits, The Times, 1 November 2004. | Legal update: archive | 01-Nov-2004 |
| 687 | Government consults on draft legislation to create moral rights ... The UK government has issued a consultation paper inviting comments on a draft statutory instrument which is intended to implement into UK law the provisions relating to performers' moral rights in the 1996 World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty. | Legal update: archive | 31-Oct-2004 |
| 688 | Speech by Jurgen Mensching: The Microsoft Decision ... A speech by Jurgen Mensching, Director of the Information, Communication and Media Unit of DG Competition, on the Microsoft decision has been published by the European Commission. | Legal update: archive | 27-Oct-2004 |
| 689 | High Court considers rights in "Who wants to be a Millionaire? ... The High Court has dismissed two of three applications for summary judgment by Celador Productions Limited, producers of the Who wants to be a Millionaire? television show. The applications were made in respect of three individuals, each of whom claimed that the creation and showing of the programme format infringed copyright in works created by them and amounted to a misuse of confidential information in those works. | Legal update: archive | 21-Oct-2004 |
| 690 | ISPs forced to reveal names of illegal file swappers According to reports, the English High Court has ordered certain UK internet service providers to disclose, within 14 days, the names and addresses of 28 individuals who are suspected of illegal file-sharing on the internet. This follows an announcement by the British Phonographic Industry of the intention of a number of record companies to sue these individuals for breach of UK copyright law in respect of their extensive music file-sharing activities (see Legal update, UK record companies to launch legal actions against file-sharers). Source: BBC News, Music firms win "pirates" ruling, 14 October 2004. | Legal update: archive | 14-Oct-2004 |
| 691 | UK record companies to launch legal actions against file ... The BPI has announced the institution of legal actions against 28 music file-sharers in the UK. The proceedings, which are being brought in the names of member record companies, rather than by the BPI itself, are directed against "major uploaders" who illegally upload large numbers of songs onto file-sharing networks such as KaZaA, Imesh and Grokster. | Legal update: archive | 07-Oct-2004 |
| 692 | Copyright: breach of statutory duty The High Court has held that claims in respect of the UK's failure to implement the Rental Directive related to a continuing breach of statutory duty by the Crown and a new cause of action arose each time damage was suffered as a result of that breach. | Legal update: archive | 24-Sep-2004 |
| 693 | Copyright: infringement The High Court has refused to grant summary judgment against the manufacturers of electronic chips that circumvented the copy-protection device used in the Play Station 2 games console. | Legal update: archive | 24-Sep-2004 |
| 694 | Bhutan accedes to Berne Convention The Kingdom of Bhutan has acceded to the Berne Convention for the Protection of Literary and Artistic Works. Its membership of the Convention will take effect on 25 November 2004. Source: WIPO Treaties Database. | Legal update: archive | 14-Sep-2004 |
| 695 | Amendments to Copyright Law in force | Legal update: archive | 08-Sep-2004 |
| 696 | Copyright: EC legal framework The European Commission is consulting on the EC legal framework for copyright and related rights. | Legal update: archive | 19-Aug-2004 |
| 697 | Kazakhstan ratifies WIPO Copyright Treaty The Republic of Kazakhstan ratified the WIPO Copyright Treaty on 12 August 2004. It will become bound by the Treaty with effect from 12 November 2004. Source: WIPO Treaties Database. | Legal update: archive | 12-Aug-2004 |
| 698 | Government launches IP crime strategy The Minister of State for Industry, Jacqui Smith, has launched a national IP crime strategy, developed by the Patent Office, which brings together brand owners, police, trading standards offices and customs authorities in order to increase the sharing of intelligence between different agencies, improve training and monitor progress by publishing an annual national enforcement report. | Legal update: archive | 10-Aug-2004 |
| 699 | CLA extends Higher Education photocopying licence to cover ... The Copyright Licensing Agency has extended the current standard Higher Education Photocopying Licence Agreement, permitting educational institutions and their registered students to make multiple copies of certain copyright works in return for a licence fee, to cover copying by or for students enrolled in short courses which do not lead to a qualification or award. | Legal update: archive | 01-Aug-2004 |
| 700 | Vietnam accedes to Berne Convention The Socialist Republic of Vietnam has acceded to the Berne Convention for the Protection of Literary and Artistic Works. Its membership of the Convention will take effect on 26 October 2004. Source: WIPO Treaties Database. | Legal update: archive | 26-Jul-2004 |
| 701 | High Court allows PPL's breach of statutory duty claim against ... The High Court has held that Phonographic Performance Limited (PPL) was not barred by the Limitation Act 1980 from pursuing its claim against the DTI and the Attorney-General (the Crown) for breach of the Crown's obligations under Article 8(2) of the EC Rental Directive by failing to provide in UK law for a single equitable remuneration to be paid to PPL where sections 67 and 72 of the Copyright, Designs and Patents Act 1988 applied. | Legal update: archive | 23-Jul-2004 |
| 702 | Copyright: ownership in musical work The High Court has held that an editor of classical music may be entitled to copyright protection in respect of his editions, even where they do not include any new notes. | Legal update: archive | 22-Jul-2004 |
| 703 | European Commission launches consultations on review of ... The European Commission has invited comments on its latest Working Paper, which reviews the raft of new copyright legislation introduced at EU level in recent years. The consultation period ends on 31 October 2004. | Legal update: archive | 19-Jul-2004 |
| 704 | Sony brings further proceedings in respect of the "Messiah" ... In proceedings brought by Sony against a manufacturer of a chip which Sony alleges circumvents the copy-protection system on Sony's Play-Station 2 consoles and games, the High Court has considered the new provisions of the Copyright, Designs and Patents Act 1988, addressing the circumvention of copy-protection devices, which implement parts of the 2001 EC Copyright Directive. | Legal update: archive | 19-Jul-2004 |
| 705 | Microsoft appeal published The Official Journal of the European Communities has published Microsoft's appeal to the Court of First Instance (CFI), lodged on 7 June 2004, contesting the European Commission's findings that it abused its dominant position contrary to Article 82 of the EC Treaty by leveraging its dominant position in the market for personal computer (PC) operating systems into the markets for work group server operating systems and for media players. | Legal update: archive | 12-Jul-2004 |
| 706 | Commission reports findings of Digital Rights Management ... The European Commission has reported on the meeting of the High Level Group on Digital Rights Management held on 5 July 2004. The final report of the meeting, released on 8 July 2004, reflects a consensus on basic principles and recommendations for future actions in respect of Digital Rights Management (DRM) issues. A consultation process on the contents of the report has now been launched. | Legal update: archive | 08-Jul-2004 |
| 707 | High Court determines jurisdiction in dispute over agreements ... The High Court has found that it has jurisdiction to hear some but not all claims arising from two agreements under which the defendants, based in Germany, agreed to transfer the copyright in, and the master tapes of, certain sound recordings to the claimants, two companies based in the UK. | Legal update: archive | 07-Jul-2004 |
| 708 | High Court considers contractual and copyright issues in ... The High Court has considered a number of issues, including questions of contractual interpretation and copyright infringement, arising from a dispute between a producer/songwriter and a music publishing and recording company.NOTE: The Court of Appeal ruled on this case on 4 November 2005 (see Legal update, Court of Appeal interprets contractual issues in music contract). Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 06-Jul-2004 |
| 709 | BPI and MCPS agree licensing terms for music DVDs The Mechanical Copyright Protection Society (MCPS) and the British Phonographic Industry (BPI) have reached agreement as to the licensing terms for music DVDs. The BPI has agreed to withdraw its reference to the Copyright Tribunal of the existing MCPS DVD1 Licensing Scheme. | Legal update: archive | 05-Jul-2004 |
| 710 | High Court considers requirements for copyright in new ... The High Court has held that the skill and labour invested by a musicologist in producing new performing editions of the scores of existing musical compositions was sufficient for him to acquire copyright in them.NOTE: On 19 May 2005, this decision was upheld on appeal (see Legal update, Court of Appeal confirms findings of copyright in new scores of baroque music). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 01-Jul-2004 |
| 711 | Copyright: joint authorship The High Court has held that a contribution to dramatic works must be significant to establish joint authorship. | Legal update: archive | 25-Jun-2004 |
| 712 | Copyright: secondary infringement The High Court has held that dealers in an infringing product had committed secondary copyright infringement, despite the lack of direct evidence of copying and of knowledge by the dealers that the copies were infringing. | Legal update: archive | 25-Jun-2004 |
| 713 | European Commission publishes speech on competition law ... On 28 July 2004, the European Commission published a speech by Herbert Ungerer of DG Competition on recent developments in competition law and intellectual property rights management. | Legal update: archive | 23-Jun-2004 |
| 714 | Amendments to Copyright Law | Legal update: archive | 22-Jun-2004 |
| 715 | Reproduction of copyrighted material | Legal update: archive | 17-Jun-2004 |
| 716 | MCPS and PRS sign joint online licence with Apple iTunes The Mechanical Copyright Protection Society (MCPS) and the Performing Rights Society (PRS) have signed a Joint Online Licence with Apple iTunes, under which Apple iTunes will have the right to use their global repertoire for the UK in its online music service. | Legal update: archive | 15-Jun-2004 |
| 717 | Copyright reform | Legal update: archive | 10-Jun-2004 |
| 718 | Changes to regime for customs action against import or export ... On 1 July 2004, several changes will be made to the system which enables holders of intellectual property rights to request national customs authorities to take action in relation to goods which they suspect infringe their rights, including the extension of the system to cover plant variety rights, designations of origin and geographical indications. | Legal update: archive | 07-Jun-2004 |
| 719 | United Arab Emirates accedes to WIPO Copyright Treaty The United Arab Emirates acceded to the WIPO Copyright Treaty on 14 April 2004. It will become bound by the Treaty with effect from 14 July 2004. Source: UK Patent Office notice. | Legal update: archive | 01-Jun-2004 |
| 720 | Copyright: implied terms The Court of Appeal has held that copyright in a computer program arising out of university research and subsequently developed in conjunction with a third party belonged to the university. | Legal update: archive | 27-May-2004 |
| 721 | Copyright Licensing Agency introduces new model licence for ... Following consultation with the Association of the British Pharmaceutical Industry, the Copyright Licensing Agency has launched a new and enhanced licence for pharmaceutical companies. The new licence permits the copying of an unlimited number of articles, scanning and e-mail delivery of materials, systematic electronic storage, international distribution to affiliate companies and the supply of copies to regulatory bodies. Source: Press release, CLA and ABPI launch digitisation licence for pharmaceutical companies, 18 May 2004. | Legal update: archive | 18-May-2004 |
| 722 | High Court finds in favour of playwright in joint authorship ... In a decision considering a range of copyright issues, the High Court has held that while contributions made by a theatrical director to the script of a play during the initial rehearsals were important and valuable, they were not of a nature such as to make her a joint author of the script for copyright purposes. | Legal update: archive | 18-May-2004 |
| 723 | New IP authorities | Legal update: archive | 18-May-2004 |
| 724 | Illegal file sharing | Legal update: archive | 17-May-2004 |
| 725 | Dr Martens logo: High Court confirms its jurisdiction to order ... Following a decision of the High Court to require an Australian company to assign the copyright in the Dr Martens logo to the Dr Martens manufacturer, the High Court has confirmed that this should include all foreign copyrights as well as British copyright in the logo. | Legal update: archive | 12-May-2004 |
| 726 | European Commission opens proceedings into collective ... The European Commission has announced that it has issued a statement of objections to 16 national collecting societies in relation to agreements for the collective licensing of music copyrights for online use. | Legal update: archive | 03-May-2004 |
| 727 | ECJ ruling in IMS Health case On 29 April 2004, the European Court of Justice (ECJ) ruled that the refusal by an undertaking in a dominant position to grant a licence for copyright will only constitute an abuse of a dominant position if it prevents the emergence of a new product or service for which there is a potential demand, is without objective justification and is capable of eliminating all competition on the relevant market. | Legal update: archive | 29-Apr-2004 |
| 728 | New EC Technology Transfer Regulation published in the ... On 27 April 2004, Commission Regulation (EC) No 772/2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements was published in the Official Journal. The new Regulation, which applies to licences of copyright in software and design rights, as well as to patent and know-how licences, will exempt such agreements from the application of Article 81(1) where the parties' market shares fall below certain thresholds, provided that the licences do not contain certain "black listed" hard-core competition restrictions, such as price restrictions (see Legal update, New Regulation on technology transfer agreements adopted). The new Regulation, which is accompanied by detailed Guidelines, will come into force on 1 May 2004. Sources: Commission Regulation (EC) No 772/2004, 27 April 2004 (OJ 2004 L123/11), Technology Transfer Guidelines, 27 April 2004 (OJ 2004 C101/2). | Legal update: archive | 27-Apr-2004 |
| 729 | Copyright: designs and indirect copying The High Court has held that a claim for copyright infringement can be pursued based on an original drawing which has been amended by later drawings. | Legal update: archive | 23-Apr-2004 |
| 730 | European Commission advocates legislation on governance ... The European Commission has published a Communication in which it states that it intends to propose legislation dealing with the collective management and good governance of collecting societies. | Legal update: archive | 19-Apr-2004 |
| 731 | United Arab Emirates accedes to Berne Convention The United Arab Emirates has acceded to the Berne Convention for the Protection of Literary and Artistic Works. Its membership of the Convention will take effect on 14 July 2004. Source: WIPO Treaties Database. | Legal update: archive | 14-Apr-2004 |
| 732 | New Regulation on technology transfer agreements adopted On 7 April 2004, the European Commission announced that it has adopted the new block exemption Regulation and accompanying guidelines in relation to the application of Article 81 EC Treaty to technology transfer agreements. | Legal update: archive | 07-Apr-2004 |
| 733 | Ownership of copyright: employee acting as agent of another Where software was written by an employee of a company as that company's contribution to a joint programme to develop a commercially usable software product based on university research, the agreement governing the programme was construed to mean that the work was done by the employee as agent for the university, who then owned the rights in the completed work. These rights were then licensed to the company under the provisions of the agreement. | Legal update: archive | 01-Apr-2004 |
| 734 | IFPI announces legal action against music file-sharers in four ... The International Federation of the Phonographic Industry (IFPI) has announced legal action by recording industry associations in Denmark, Germany, Italy and Canada against nearly 250 alleged file-sharers in those countries. | Legal update: archive | 30-Mar-2004 |
| 735 | Record industry unveils campaign against illegal file-sharing The British Phonographic Industry (BPI), the UK record companies' trade association, has announced that it will begin a new instant messaging campaign on peer-to-peer file-sharing networks on the internet warning users that they face legal penalties if they do not disable file-sharing software on their computers. Focusing its efforts on what it terms "serial uploaders", the BPI proposes to use the in-built instant messaging service which is available on certain file-sharing networks such as KaZaA and Grokster. The campaign will put users on notice of the record companies' rights which could increase the remedies available to those companies if they decide to take legal action. Source: BPI Press Release, 25 March 2004. | Legal update: archive | 25-Mar-2004 |
| 736 | Commission announces Microsoft infringement decision On 24 March 2004, the European Commission announced that it has decided that Microsoft Corporation has infringed Article 82 EC Treaty by leveraging its dominant position in the market for personal computer (PC) operating systems into the markets for work group server operating systems and for media players. The Commission has imposed a fine of EUR497 million and ordered Microsoft to disclose interface information and to offer a version of its Windows operating system without Windows Media Player. | Legal update: archive | 24-Mar-2004 |
| 737 | Commission announces Microsoft infringement decision On 24 March 2004, the European Commission announced that it has decided that Microsoft Corporation has infringed Article 82 EC Treaty by leveraging its dominant position in the market for personal computer (PC) operating systems into the markets for work group server operating systems and for media players. The Commission has imposed a fine of EUR 497 million and ordered Microsoft to disclose interface information and to offer a version of its Windows operating system without Windows Media Player. | Legal update: archive | 24-Mar-2004 |
| 738 | High Court rejects draftsman's claim of indirect copying The High Court has held that the artistic copyright in an original drawing may be copied indirectly by a defendant who has access to and copies a drawing and/or a three dimensional representation of that work which is based on the claimant's original work but in which the claimant has no copyright. However, on the facts the defendant had not copied the claimant's work but had created a design independently albeit inspired by the commercial success of the intervening work. | Legal update: archive | 12-Mar-2004 |
| 739 | Jurisdiction of the Market Court | Legal update: archive | 09-Mar-2004 |
| 740 | Copyright: beneficial ownership | Legal update: archive | 03-Mar-2004 |
| 741 | Moral rights: High Court strikes out claim for breach of ... The High Court has struck out a claim by an individual alleging breach of his right under section 77 of the Copyright, Designs and Patents Act 1988, entitling the author of a literary work to be identified as such in certain circumstances, on the grounds that the claimant was only the source for the ideas embodied in the works in question and was not the actual author of those works. A full report will follow when this judgment becomes available. In the meantime, for a discussion of this and other moral rights under the 1988 Act, see Practice Note, Overview of Copyright: Moral Rights. Case: Anya v Wu and others, 25 February 2004. | Legal update: archive | 25-Feb-2004 |
| 742 | Copyright: beneficial ownership The High Court has held that beneficial title to the copyright in a logo which had been designed by a freelance designer belonged to the company that had commissioned the work. | Legal update: archive | 20-Feb-2004 |
| 743 | High Court considers meaning of "design document" The High Court has considered the meaning of "design document" in the context of design right.NOTE: See Legal update, High Court finds warhead design infringed and collaboration contract breached for the High Court's judgment on the outstanding issues. (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 28-Jan-2004 |
| 744 | Responses to comments on technology transfer review ... The European Commission has published on its website comments received in response to the public consultation on the review of the technology transfer block exemption. On 25 September 2003, the Commission published for consultation a draft Regulation and guidelines (see Commission issues draft Regulation on technology transfer agreements). The Commission received over 75 responses from national competition authorities, bar associations, law firms and industry. | Legal update: archive | 26-Jan-2004 |
| 745 | Mario Monti speech: The new EU policy on technology ... The Commission has published a speech by Mario Monti, European Commissioner for competition policy, given in Paris on 16 January 2004 on the new EU policy on technology transfer agreements. This contains details of changes to the proposed new regulation following public consultation. | Legal update: archive | 16-Jan-2004 |
| 746 | PRS agrees tariff for classical music concert performances ... The Performing Right Society has reached agreement with the Association of British Concert Promoters on a tariff for concert performances of copyright classical music. | Legal update: archive | 08-Dec-2003 |
| 747 | High Court resolves copyright dispute over ownership of "Dr ... The High Court has granted a declaration that the manufacturer of Dr Martens boots is the beneficial owner of the copyright in the combined Dr Martens/AirWair logo which it commissioned an advertising agency to design in 1988.NOTE: On 25 January 2005, the Court of Appeal upheld this decision (see Legal update, Court of Appeal confirms ownership of copyright in Dr Martens log). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.) | Legal update: archive | 04-Dec-2003 |
| 748 | Copyright Licensing Agency issues guidance on changes to ... The Copyright Licensing Agency has issued a short guidance document on changes to copyright law brought about by the Copyright and Related Rights Regulations 2003 (SI 2498/2003), which came into force on 31 October 2003. | Legal update: archive | 20-Nov-2003 |
| 749 | Copyright Act Does Not Preempt State Law Contract Claim for ... On June 26, 2012, in Forest Park Pictures v. Universal Television Network, Inc., the US Court of Appeals for the Second Circuit vacated the US District Court for the Southern District of New York's judgment dismissing Forest Park's complaint and remanded for further proceedings. The plaintiffs sued the defendants for breach of contract that included an implied promise to pay for using plaintiff's pitched content for defendant's television show "Royal Pains." | Legal update: archive | -- |