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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
Cross-border sales: tension between copyright distribution rights and free movement rules
- McDermott Will & Emery
- -
- European Union
- -
- April 30 2012
Advocate General Jääskinen has concluded that there is a distribution by sale in a Member State if a seller targets consumers and enables the purchase of copyright-protected works in that State
The “innocent” copying defence: only applicable to works out of copyright
- McDermott Will & Emery
- -
- 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
Football Dataco Ltd v Yahoo! UK Ltd: database right and database copyright
- McDermott Will & Emery
- -
- 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
Territorial exclusivity of football broadcasts found contrary to EU law
- McDermott Will & Emery
- -
- 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
Sui generis database rights and what constitutes a substantial part
- McDermott Will & Emery
- -
- United Kingdom
- -
- 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
Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?
- McDermott Will & Emery
- -
- European Union, United Kingdom
- -
- 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 Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
- McDermott Will & Emery
- -
- 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
CJEU rules on copyright protection of photographic portraits
- McDermott Will & Emery
- -
- European Union
- -
- 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
EU enhances copyright protection for sound recordings and songs
- McDermott Will & Emery
- -
- 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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