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Copyright

11 South Square offers extensive experience and expertise in the enforcement of copyright and related rights, including database rights, performers’ rights and moral rights. Our members have acted in a number of significant copyright cases, typically turning on detailed enquiries into the authorship, ownership or copying of creative works ranging from computer software to hit records.  Members appear before the English courts, the Court of Justice of the European Union and the Copyright Tribunal in copyright matters.

Notable Cases

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd & Ors [2013] UKSC 18

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd & Ors [2013] UKSC 18

Henry has been involved in this long running dispute concerning end user licenses in relation to internet articles collated by the Newspaper Licensing Agency. Most recently he appeared in behalf of NLA at the appeal before the Supreme Court. The court was asked to consider the scope of the temporary copying exception to copyright infringement introduced by Article 5.1 of Directive 2001/29/EC. The question for the court was whether the copies of a webpage made on a person’s hard-drive and screen during browsing the internet fell within the exception to infringement.

The Court held that such use would not amount to copyright infringement. The court considered that this was an important issue not only to UK internet users and so made a reference to the European Court of Justice to ensure a uniform application of the law throughout the EU.

 [2013] UKSC 18

Football Dataco v Sportradar [2013] EWCA Civ 27

Football Dataco v Sportradar [2013] EWCA Civ 27

Copyright and sui generis database right relating to live football data. High Court and Court of Appeal.

Football Dataco v Sportradar [2013] EWCA Civ 27

Force India Formula One Team Ltd v 1Malaysia Racing Team & ors [2012] EWHC 65 (Pat)

Force India Formula One Team Ltd v 1Malaysia Racing Team & ors [2012] EWHC 65 (Pat)

The litigation involved piecing together the development of the aerodynamics of a 2010 season F1 car by some 20 aerodynamicists and draftsmen and assessing the extent to which confidential information derived from a previous F1 project had been misused. Liability and quantum were decided at the same time, each requiring extensive expert evidence, making the trial particularly complex. The Appeal is due to be heard in June 2013.

Force India Formula One Team Ltd v 1Malaysia Racing Team & ors [2012]