Summary: Our regular update on developments in the world of IP, this week featuring a Copyright case on the terms of a new licence between ITV and PRS for Music; a Spanish judgment giving Lionel Messi jail sentence regarding tax issues on his image rights; and a High Court decision showing that although the UDRP rules recognise the right to commence High Court proceedings following a UDRP in certain circumstances, they do not amount to a right of appeal.
Licences and Copyright
Copyright Tribunal cases are few and far between, the most recent prior to this case being our case for the Newspaper Licensing Agency in March 2014. The Tribunal has now adjudicated on the terms of a new licence between ITV and PRS for Music. The new royalty rate will be the base rate paid in 2010 (roughly £24m) subject to an adjustment due to a change in viewing figures and the retail price index.
UDRP, Courts and Domain Names
Following a successful UDRP decision that the domain name playboy.london should be transferred to our client Playboy Enterprises, the High Court rejected an application for a declaration of non-infringement and retention of the domain name by the domain name owner. Although the UDRP rules recognised the right to commence High Court proceedings following a UDRP in certain circumstances, they did not amount to a right of appeal and the court therefore had no jurisdiction to overturn the decision of the domain name registrar.
Celebrities and Image Rights
Footballer Lionel Messi has been given a 21 month jail sentence (which he should not need to serve in prison) by a Spanish court in respect of non-payment of tax related to his image rights. Whilst there is no specific image right in the UK a combination of IP rights can be used to command a high fee for use of a celebrity's name and likeness.