By John Wilks and Ruth Hoy

A UK High Court claim filed this week by the Ministry of Sound record label against music streaming site Spotify raises some interesting issues around the originality threshold for copyright works.

The claim, which was reported in the Guardian, alleges that the Ministry’s track listings (each a compilation of tracks by different artists) are copyright works in their own right. The Ministry allege that such copyright is infringed by playlists made available by Spotify which reproduce their compilation track listings.


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By John Wilks and Charles Harvey

UK IP legislation is changing.

First, the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013), has just been published, and modifies UK copyright law (though not as drastically as some would have liked).

Secondly, the Government announced in the Queen’s Speech that it will be introducing an Intellectual Property Bill to make changes to the law of design and patents.


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Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper

INTERNET AND DIGITAL MEDIA

UK: Proprietary rights from copyright infringement – Twentieth Century Fox Film Corporation v David Harris

A copyright owner does not have a proprietary claim to the profits from an infringement of its copyright, a UK court has ruled in a case involving a website that offered its users unlawful copies of copyrighted films, TV shows and other materials.


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By John Wilks and Catherine Beloff

The CJEU has handed down its decision on the copyright questions referred by the UK High Court in the long-running battle between ITV, Channel 4 and Channel 5 and TV Catchup (“TVC”). Copyright owners will be relieved that the CJEU has confirmed that streaming content via the internet constitutes the infringing act of communication to the public. 


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Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper

DIGITAL MEDIA AND INTERNET

UK: Relaxation on UK copyright law

In the UK government’s response to consultation on copyright exceptions and clarifying copyright law published in December 2012, the UK government has announced that copyright law will be changed in order to reduce possible barriers to competition and growth while continuing to incentivise content creators and support them in protecting their rights from unlawful use.


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Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper

DIGITAL MEDIA AND INTERNET

UK: Consultation on the implementation of Directive 2011/77/EU amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights

The Intellectual Property Office (the IPO) has launched a consultation on the implementation of Directive 2011/77/EU amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights (the Consultation).

The consultation, launched in January 2013, will receive views of interested parties on the draft regulations that will implement Directive 2011/77/EU. It is aimed at stakeholders, including broadcasters, composers, content distributors, lyricists, musicians and record producers, and those individuals and organisations who represent these stakeholders.


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By Ruth Hoy, John Wilks, and Nick Edbrooke

On 20 February 2012 the UK High Court issued a decision relating to the infamous “Pirate Bay” website. The decision provides a useful example to copyright owners of how to combat online piracy, especially where the infringer eludes UK proceedings by operating from abroad. It is the first case where the UK courts have been asked to award injunctions against ISPs in respect of a Peer to Peer network using the popular Bittorrent file sharing protocol (as opposed to other file exchange protocols).


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