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Showing posts with the label consent

Joint Copyright - The Retrial in Martin and Another v Kogan

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Meryl Streep who acted the lead role in Florence Foster Jenkins Author Glynn Lowe   Licence CC BY 2.0   Source  Wikipedia Florence Foster Jenkins    Jane Lambert Intellectual Property Enterprise Court (Mr Justice Meade)  Martin and another v Kogan [2021] EWHC 24 (Ch) (11 Jan 2021) This was the retrial of an action by the screenwriter, Nick Martin, for a declaration that he was the sole author of the screenplay for the film Florence Foster Jenkins   and a counterclaim by Julia Kagan for a declaration against Mr Martin and the companies that had funded and made the film that she was a joint author and thus a joint owner of the copyright in the screenplay and relief for infringement of her copyright and moral rights.  The action and counterclaim had previously come on before Judge Hacon who found for Mr Martin in Martin and Another v Kogan [2017] EWHC 2927 (IPEC) (22 Nov 2017).  Ms Kogan appealed to the Court of Appeal which ordered a new tria...

Compromise - Frank Schrijver UK Ltd v Smart Dry Intl Ltd

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By Pawel Wozniak - http://freestocktextures.com/texture/id/690, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=18603544 Jane Lambert Chancery Division (HH Judge Hodge QC) Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020) Judge Hodge was disarmingly blunt when he said at paragraph [1] of his judgment in  Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020): "This judgment is naturally of considerable interest and concern to the parties to this litigation but it raises no issue of law and will be of no interest to anyone not involved in this case." I don't agree with him.  Cases on the enforcement of Tomlin orders are rare and practitioners can always learn something from them. A Tomlin order is a consent order in which the parties invite the court to stay proceedings on terms set out in a confidential schedule. The schedule ...

Data Protection - GDPR Resources

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Jane Lambert These are the slides for a talk that I gave last week on the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council  of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) ("the GDPR") . Why the GDPR is important The regulation will come into force simultaneously in all 28 member states of the European Union including the United Kingdom on the 25 May 2018. It will repeal the Data Protection Directive (Directive 95/46/EU) which was transposed into English and Welsh as well as Scottish and Northern Irish law by the Data Protection Act 1998 .  Although the GDPR will eventually cease to be part of our law either when we leave the EU on 29 March 2019 or at the end of any transition or implementation period that may come into effect immediately after our exit, its p...