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Broadcast Television Internet Streaming Service Aereo DENIED from Using Compulsory Licensing

This summer we reported on a U.S. Supreme Court ruling that held that Aereo Inc.’s broadcast television Internet streaming service constituted an unauthorized public performance in violation of the U.S. Copyright Act.  As background, prior to that ruling, Aereo’s business allowed subscribers to watch broadcast television programs on the Internet, within seconds after the programs were broadcast over … Continue Reading

Now orphan works can find a home

Quick off the heels to changes to the parody rules (see here), yet more changes to UK copyright law come into force today (29 October) allowing, for the first time, the use of certain copyright works without the consent of the copyright owner. The problem of orphan works For some years now, the EU has been concerned … Continue Reading

‘Replica businesses’ beware – new copyright laws from….when?

The UK Intellectual Property Office has launched a consultation on when section 52 of the Copyright, Designs and Patents Act 1988 should be repealed. Section 52  Section 52 provides that, when a work protected by artistic copyright has been exploited industrially (by making and selling more than 50 copies), the copyright term is automatically reduced … Continue Reading

Hot Topics in Intellectual Property and Technology – Summer Edition

We are pleased to share with you our quarterly bulletin – Hot Topics in Intellectual Property and Technology. This bulletin highlights some topical developments in the UK in the areas of intellectual property and technology, contract, data privacy, trade secrets and advertising and media.  Our Hot Topics briefing is intended to keep you abreast of key … Continue Reading

Surprising Traps Laid in Relation to the Global Exploitation of Copyright

In today’s world, the global exploitation of copyright is part of daily business, and of great importance, for many companies. But the legal system has difficulties keeping pace with the increasing global connection of markets. Taking a closer look at the international harmonization of copyright laws, it is surprising to see how many issues around … Continue Reading

IP Rights-Holders Given New Powers under EU Customs Laws

In a recent judgment, Europe’s highest court in civil matters, the Court of Justice of the European Union (CJEU), expanded the scope of the EU Customs Regulation.  It ruled that EU customs authorities have the power under the Regulation to seize and detain goods suspected of infringing intellectual property (‘IP’) rights where those goods have … Continue Reading

U.S. Supreme Court Ruling In Aereo – What Does It Mean For New Technologies?

Last week, the U.S. Supreme Court handed down a much-anticipated ruling in the latest chapter of the saga of copyright infringement cases related to new technology.  In American Broadcasting Cos., Inc. v. Aereo, Inc., the Court held that Aereo’s broadcast television Internet streaming service constituted an unauthorized public performance in violation of the Copyright Act.  … Continue Reading

Hot Topics in Intellectual Property and Technology

Our Spring edition of Hot Topics in Intellectual Property and Technology is now available. This is the second of our quarterly bulletins highlighting some topical developments in the UK in the areas of intellectual property and technology, contract, data privacy, trade secrets and advertising and media.   Topics covered in this edition include: Reforms to UK … Continue Reading

Update on new copyright exceptions

By way of follow up to our post on 8 May on the new UK copyright exceptions, the government has confirmed that the new exception for personal copies for private use (and another new exception allowing use of a copyright work for the purposes of caricature, parody and pastiche) will, in fact, be implemented.  It had … Continue Reading

Blocking sites with infringing content

Internet Service Providers now have greater freedom to decide how to block user access to infringing content.  This follows a recent ruling of the Court of Justice of the European Union (CJEU) in the case of UPC Telekabel. In this case, Constantin Film Verleih GmbH  (Constantin) and Wega Flimproduktionsgesellschaft mbH (Wega) applied in the Austrian courts … Continue Reading

Running an international prize promotion without breaking the law

Running an international prize promotion is an increasingly popular way for brands to engage with their consumers. Given the obvious benefits of the Internet, brands and their advisors often seek to operate those promotions through third party social media platforms, such as Facebook, YouTube and Twitter, or on bespoke platforms. While there are many benefits … Continue Reading

Read this before you Tweet that link!

Most companies by now have made their footprint in social media, including on leading platforms such as Facebook and Twitter.   With 500 million Tweets being sent per day, companies need to get creative to come up with enough content to engage their consumers.  One popular technique is to send Tweets that contain links to third-party content, along … Continue Reading

Hot Topics in Intellectual Property and Technology

Our new quarterly publication – Hot Topics in Intellectual Property and Technology – highlights the most significant legal developments in the UK and Europe in the areas of intellectual property and technology, contract, data protection and privacy, trade secrets and advertising and media. Our Hot Topics briefing is intended to keep you abreast of key … Continue Reading

New powers to seize counterfeit goods

The European Parliament has approved new laws which will extend the powers of EU customs authorities to seize counterfeit goods merely travelling through the EU. Currently, following the ruling in the joined cases of Philips/Nokia in 2011, customs authorities may only seize fake goods which are likely to be placed on the market in the … Continue Reading

When is hyperlinking lawful?

The Court of Justice of the European Union (CJEU), Europe’s highest court, has given its much anticipated ruling on when hyperlinking will be lawful (Svensson v Retriever Sverige AB). The dispute The dispute concerned four journalists who wrote for the Swedish newspaper Gӧteborgs-Posten.  The articles also appeared on the Gӧteborgs-Posten website.  Retriever Sverige (Retriever) operated … Continue Reading

European Union: the circumvention of copy protection measures can be lawful

A few days ago, the Court of Justice of the European Union (CJEU), Europe’s highest court, handed down a ruling which will be of interest to copyright holders who supply copy protected works and those who manufacture and supply devices designed to circumvent the copy protection. The result of the ruling is that those devices will, … Continue Reading

Beginning Of The End For “Sockpuppet” PR

Wikipedia’s parent company, Wikimedia, has recently sent a cease and desist letter to a PR firm for engaging in an activity known as “sockpuppetry”. For the uninitiated, “sockpuppetry” is essentially the practice of altering Wikipedia articles to make a company, person or client look better from a PR perspective. Wikipedia’s concern about this practice, is that it … Continue Reading

Ruling on where copyright holders can sue for online sales

This post is also available in Spanish. Copyright owners will welcome a recent ruling of Europe’s highest court which confirmed that they may bring proceedings in their home courts for online copyright infringement against infringers based elsewhere. This gives copyright holders the home advantage in terms of familiarity with language and court procedure and lower … Continue Reading

Graphics and Designs Gain Improved Copyright Protection In Germany in “Birthday Train” Case

On 13 November 2013, the German Federal Supreme Court of Justice redefined a decade-long principle of German copyright law greatly improving copyright protection for applied or commercial art.   Traditionally, works of applied art (i.e. designs of everyday things) had to pass a higher threshold of originality in order to be protected under copyright law. … Continue Reading

It’s Not Just Cricket: Protecting IP In Sport

Branding is the key to commercial success in sport. Just think: where would the New York Yankees be without their iconic NY logo? Or the Chicago Bulls without their iconic bull’s head? How much money would the Australian Football League (AFL) make if they didn’t own the logos for every team, and couldn’t sell official … Continue Reading
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