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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
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
Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
- McDermott Will & Emery
- -
- Czech Republic, European Union
- -
- 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
The High Court of England and Wales rules on Formula One confidentiality and copyright infringement
- McDermott Will & Emery
- -
- United Kingdom
- -
- April 30 2012
In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others 2012 EWHC 616 (Ch), the High Court of England and Wales ruled on claims for contractual and equitable breach of confidence and copyright infringement brought by one Formula One (F1) race team operator against another
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
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
UK Patents County Court finds copyright subsists in digitally manipulated photograph
- McDermott Will & Emery
- -
- United Kingdom
- -
- 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
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
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
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
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- Firm Name - McDermott Will & Emery
- Author - Hiroshi Sheraton
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