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Showing posts with the label CDPA

Getty Images (US) Inc and others v Stability AI Ltd - The Trial

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Jane Lambert   Chancery Division (Mrs Justice Joanna Smith) Getty Images (US) Inc and others v Stability AI Ltd (Rev1) [2025] EWHC 2863 (Ch) (4 Nov 2025) I first mentioned this litigation in Copyright and Artificial Intelligence - Getty Images (US) Inc and others v Stability AI Ltd . on 12 Dec 2023. In that article, I discussed an unsuccessful application by Stability AI Ltd ("Stability") to strike out the claim by Getty Images (US) Inc. and others ("Getty") for copyright, database right and trade mark infringement and passing off under  CPR Part 24 and CPR 3.4  in  Getty Images (US) Inc and others v Stability AI Lt d [2023] EWHC 3090 (Ch) (1 Dec 2023).   Getty had alleged that Stability had scraped millions of high-quality photographic images of such subjects as world events, sporting moments, celebrities, architecture, nature and travel created by hundreds of thousands of photographers over many years and in which copyright was likely to subsis...

Copyright - Columbia Pictures and others v BT Plc and others

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Crossroads of the World Author Carol M Highsmith   Public domain  Source Wikimedia Commons   Jane Lambert Business and Property Courts, Intellectual Property Lost (Mrs Justice Falk) Columbia Pixtures Inc and others v British Telecommunications Plc and others [2021] EWHC 2799 (ch) (22 Oct 2021)  This was an application by members and representatives of the US film and television programme-makers industry for a blocking order against the leading British internet service providers under s.97A of the Copyright Designs and Patents Act 1988  ("CDPA").  A blocking order is an injunction requiring an internet service provider to take steps to prevent its subscribers from accessing a proscribed website.  S.97A provides: (1) The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright. (2) I...

Stream Ripping - Young Turks Recordings v British Telecommunications

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Author Judicial Office UK  Licence CC BY-SA 4.0   Source  Wikipedia Commons   Jane Lambert Chancery Division (Mr Justice Miles)  Young Turks Recordings Ltd ad others v British Telecommunications Plc and others [2021] EWHC 410 (Ch) (25 Feb 2021) This case appears to be the first decision in the UK on  "stream ripping ".   It took the form of an application by the British sound recording industry for orders requiring the 6 largest internet service providers in the United Kingdom to block their subscribers' access to a number of stream ripping sites under s.97A of the Copyright, Designs and Patents Act 1988  ("CDPA")  or alternatively s .37 Senior Courts Act 1981.  Background The claimants and defendants, in this case, were the same as in  Capitol Records and others v British Telecommunications Plc and others [ 2021] EWHC 409 (Ch) which I discussed in  Blocking Orders - Capitol Records v British Telecommunications Plc ...

Copyright - Warner Music UK Ltd and Others v TuneIn Inc.

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Author Sjiong   Licence    CC BY-SA 2.0  Source Wikipedia High Court   Jane Lambert Chancery Division (Mr Justice Birss)  Warner Music UK Ltd and others v TuneIn Inc [2019] EWHC 2923 (Ch) (1 Nov 2019) This was an action for copyright infringement brought by the copyright owners or exclusive licensees of sound recordings that account for more than half the market for digital sales of recorded music in the UK and about 43% globally against the audio streaming service TuneIn Inc,  which is said to have 75 million active users around the world with access to about 100,000 radio stations.  This action had been heard by Mr Justice Henry Carr who died before he could deliver judgment. Rather than insist on a full retrial, the parties agreed that Mr Justice Birss should read the materials, including the transcripts of the hearing and then hear the parties' arguments.  The hearing before Mr Justice Birss took place on ...