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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

Fresh Trading Limited -v- (1) Deepend Fresh Recovery Limited (2) Andrew Chappell [2015] EWHC 52 (Ch)

Fresh Trading Limited -v- (1) Deepend Fresh Recovery Limited (2) Andrew Chappell [2015] EWHC 52 (Ch)

This case concerned the copyright in the “Dude” logo – the cartoon face with a halo which is used by Innocent Smoothies. The ‘Dude’ was designed by a company called Deepend pursuant to an agreement under which it would be given shares in the company responsible for Innocent. No shares were ever given to Deepend and Deepend later went into liquidation. Some years later, Deepend Fresh Recovery Limited, the sucessor-in-title of Deepend’s rights (if any) in the copyright, brought an action at OHIM seeking to revoke Innocent’s trade marks for the Dude on the basis that it was the owner of copyright. OHIM initially found in Deepend Fresh Recovery Ltd’s favour and Innocent appealed. However, the OHIM proceedings were stayed pending Innocent’s High Court action for a declaration that it  was the owner of copyright in the Dude (in law or in equity), alternatively that any claim against it for infringement was barred due to acquiescence.

The Judge held at trial that Innocent owned the copyright in equity and were thus entitled to an assignment of legal title from Deepend Fresh Recovery Ltd.

Iain Purvis QC and Anna Edwards-Stuart appeared for Innocent (Fresh Trading Limited). Michael Silverleaf QC and Kathryn Pickard appeared for the Defendants

[2015] EWHC 52 (Ch)

Cayman Music (Bob Marley) v Blue Mountain [2014] EWHC 1690 (Ch)

Cayman Music (Bob Marley) v Blue Mountain [2014] EWHC 1690 (Ch)

High Court trial in relation to the Copyright in Bob Marley’s song ”No Woman No Cry” as well as other musical works. There was also a claim for an account of sums mistakenly had and received by the Defendant from copyright collecting societies in respect of the works.

[2014] EWHC 1690 (Ch)

 

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

Two members of chambers have been involved in this long running dispute concerning the licensing by the NLA of internet news aggregation services.  Henry Carr QC represented Meltwater and the PRCA in the Copyright Tribunal in a successful challenge to the NLA’s licensing scheme.  In parallel with this the NLA brought a claim in the High court against them to determine whether end users infringed the NLA’s copyrights and therefore required a licence.  Michael Silverleaf QC represented Meltwater and the PRCA in the High Court and Court of Appeal.  Henry Carr QC took up the cudgels in the Supreme Court.

The Court was asked to determine the scope of the temporary copying exception to copyright infringement introduced by Article 5.1 of Directive 2001/29/EC. The question 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 Aerolab SRL & ors [2013] EWCA Civ 780

Force India Formula One team Ltd v Aerolab SRL & ors [2013] EWCA Civ 780

Appeal from an order of Arnold J awarding €25,000 in damages for misuse of confidential information in the aerodynamic design of a Formula 1 car.  Force India argued that the Judge had underestimated the scale of the misuse and its value to the respondents.  The Court rejected these arguments and dismissed the appeal.  The judgment of Lewison LJ contains a useful summary of the authorities on user principle damages.

 Force India Formula One team Ltd v Aerolab SRL & ors [2013] EWCA Civ 780

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