NIPC Law

Landgericht Hamburg Author Claus-Joachim Dikiow Licence CC BY 2.5 Source Wikipedia Jane Lambert Court of Justice of the Europen Union (Presifdebt Lenaerts, President, Judges Arabadjiev, Vilaras, von Danwitz, Toader, Biltgen and Lycourgos, Presidents of Chambers, Juhász, Ilešič (Rapporteur), Bay Larsen and Rodin) Case 476/17 Hütter and another b Pelham and others   [2019] EUECJ C-476/17, EU:C:2019:624, [2019] WLR(D) 439, ECLI:EU:C:2019:624 Can the reproduction of a 2-second rhythm sequence from a 1977 sound recording infringe copyright, performers' rights or other intellectual property rights?  The Landgericht (court of first instance) for Hamburg thought it did on two occasions as did the regional court of appeal. The German Supreme Court and Constitutional Court were less sure. Finding that the case turned on the interpretation of arts 2 (c) and 5 (3) (d) of  Directive 2001/29/EC of the European Parliament and of the Council of 2...

Jane Lambert Copyright  is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 ( "the CDPA" )  as  "a property right" which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as "a copyright work" pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as "restricted acts". There are two categories of restricted acts: Primary Infringement which I discussed in Copyright: What is meant by "Primary Infringement" on 21 Sept 2008; and Secondary Infringement which I discussed in Copyright: What is meant by "Seco...

Jane Lambert On 16 July 2015 my heads of chambers, Tim Straker QC and Robert Griffiths QC  together with my colleagues, Richard Clayton QC , Charles Morgan , Christopher Forsyth  and Lee Parkhill  presented our chambers annual judicial review conference . By all accounts it was a great success. Ending rhe Personal Copy for Private Use Exception "But what has that to do with intellectual property?" I hear you say. More than you might suppose for on the day after the conference Mr Justice Green quashed  The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 SI 2014 No. 2361  which had inserted a new s.28B into The Copyright Designs and Patents Act 1988  (see  British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business etc  (No. 2)   [2015] EWHC 2041 (Admin) 17 July 2015). The section inserted by those regulations had created the followin...

On 26 Oct 2011, Mr. Justice Arnold ordered British Telecommunications Plc to: "adopt the following technical means to block or attempt to block access by its customers to the website known as Newzbin2 currently accessible at www.newzbin.com, its domains and sub-domains and including payments.newzbin.com and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Newzbin2 website. The technical means to be adopted are: (i) IP address re-routing in respect of each and every IP address from which the said website operates and which is notified in writing to the Respondent by the Applicants or their agents; and (ii) DPI-based URL blocking utilising at least summary analysis in respect of each and every URL available at the said website and its domains and sub-domains and which is notified in writing to the Respondent by the Applicants or their agents." This order was granted upon the application of a group of film and TV programme ...