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Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?
- McDermott Will & Emery
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- European Union, United Kingdom
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- March 30 2012
In Football Association Premier League Ltd v QC Leisure 2012 EWHC 108 (Ch) Lord Justice Kitchin has now accepted that the Defendant publicans communicated copyright works contained in foreign broadcasts of Premier League matches to the public, following the Court of Justice of the European Union (CJEU) ruling to that effect in October 2011
The protection of football fixture lists under the EU Database Directive
- McDermott Will & Emery
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- European Union
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- March 30 2012
On 1 March 2012, the Court of Justice of the European Union passed judgement on Football Dataco Ltd v Yahoo! UK Ltd 2012 CJEU C-60410, concluding that the football fixture lists in question are not protected by copyright as there is insufficient intellectual creation on the part of the author
The “innocent” copying defence: only applicable to works out of copyright
- McDermott Will & Emery
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- United Kingdom
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- 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
CJEU rules on copyright protection of photographic portraits
- McDermott Will & Emery
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- European Union
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- February 29 2012
In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work
UK Patents County Court finds copyright subsists in digitally manipulated photograph
- McDermott Will & Emery
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- United Kingdom
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- February 29 2012
In Temple Island Collections Ltd v New English Teas Ltd 2012 EWPCC 1 (12 January 2012), Judge Birss QC found that an image belonging to New English Teas infringed the copyright subsisting in a digitally manipulated photograph of a London scene created by Temple Island Collections
Territorial exclusivity of football broadcasts found contrary to EU law
- McDermott Will & Emery
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- European Union
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- 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
EU enhances copyright protection for sound recordings and songs
- McDermott Will & Emery
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- European Union
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- 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
Sui generis database rights and what constitutes a substantial part
- McDermott Will & Emery
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- United Kingdom
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- November 3 2011
In Beechwood House Publishing v Guardian Products Ltd 2011 EWPCC 22, the Claimant’s database right was found to have been infringed when the Defendants extracted 6,000 records from the Claimant’s database of 43,000 records
Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
- McDermott Will & Emery
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- Czech Republic, European Union
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- February 28 2011
The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself
Football Dataco Ltd v Yahoo! UK Ltd: database right and database copyright
- McDermott Will & Emery
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- United Kingdom
- -
- February 28 2011
The Court of Appeal of England and Wales has confirmed that sui generis database right does not subsist in football fixture lists
