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Spiller v Joseph: defamation and “honest comment"
- McDermott Will & Emery
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- United Kingdom
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- January 25 2011
The Supreme Court of England and Wales in Spiller v Joseph 2010 UKSC 53 has declined to alter radically the defence of "fair comment" in libel claims
Jurisdiction to award damages for online infringement of “personality rights” clarified
- McDermott Will & Emery
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- European Union
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- November 29 2011
The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused
The “innocent” copying defence: only applicable to works out of copyright
- McDermott Will & Emery
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- United Kingdom
- -
- March 30 2012
In David Hoffman v Drug Abuse Resistance Education (UK) Ltd 2012 EWPCC 2, the Patents County Court of England and Wales assessed the use of the “innocent copying” defence under Section 97 of the Copyright Designs and Patents Act 1988
Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets
- McDermott Will & Emery
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- European Union
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- January 25 2011
The fact that there are differences in the extent to which you might like to eat certain food products depending on their place of production, the ingredients and who produced them, does not, the European Court of Justice (ECJ) has said in Lidl SNC v Vierzon Distribution SA C-15909, preclude the possibility that an advertisement comparing such products (by reference to price alone, as opposed by reference to any of their other attributes) will fall within the boundaries of permitted comparative advertising, provided the advertisement is not misleading
Territorial exclusivity of football broadcasts found contrary to EU law
- McDermott Will & Emery
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- European Union
- -
- November 3 2011
The Court of Justice of the European Union (CJEU) has ruled in Football Association Premier League Ltd v QC Leisure C- 40308 and Karen Murphy v Media Protection Services Ltd C- 42908 (4 October 2011) that a system of licences for the broadcasting of sporting events which grants licensees territorial exclusivity on a Member State basis, and which prohibits television viewers from watching the broadcasts in one Member State using a decoder licensed for use in another, is contrary to EU law
Copyright Designs and Patents Act 1988 (Amendment): PPL licence exemptions abolished
- McDermott Will & Emery
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- United Kingdom
- -
- January 25 2011
The Copyright Designs and Patents Act (CDPA) 1988 (Amendment) Regulations 20102694 has abolished, as of 1 January 2011, exemptions in the CDPA that allowed charitable and not-for-profit organisations to play recorded or broadcast music in public without obtaining a PPL licence
The Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
- McDermott Will & Emery
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- United Kingdom
- -
- January 25 2011
This ruling from Mrs Justice Proudman confirms that businesses using an online commercial media monitoring service require a licence from the Newspaper Licensing Agency Ltd
ITV Broadcasting Ltd v tv Catch Up Ltd: communication to the public of a broadcast
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Refusing the Defendant's application for summary judgment in ITV Broadcasting Ltd v TV Catch Up Ltd 2010 EWHC 3063 (Ch), Mr Justice Kitchin has held that, as regards broadcasts, the meaning of communication to the public within Section 20 of the Copyright Designs and Patents Act 1988 is not limited to broadcasts but extends to all communications by electronic means, whether one-to-one or one-to-many
JIH v News Group Newspapers Ltd: privacy, interim injunction, open justice and refusal to grant anonymity
- McDermott Will & Emery
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- United Kingdom
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- January 25 2011
In JIH v News Group Newspapers Ltd 2010 EWHC 2818 (QB), the High Court of England and Wales refused to continue an anonymity order, despite the parties having agreed thereto, but agreed to continue an order to withhold all information concerning the subject-matter of the case
EU enhances copyright protection for sound recordings and songs
- McDermott Will & Emery
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- European Union
- -
- November 3 2011
On 12 September 2011, Directive 2011 77 EU, amending Directive 2006 116 EC on the term of protection of copyright and certain related rights (the Directive) was adopted
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