NIPC Law

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Costa v DissociaDID Ltd. and anothe r  [2022] EWHC 1934 (IPEC) (22 July 2022)  and [2023] EWHC 49 (IPEC) (16 Jan 2023) Since early 2018, Chloe Wilkinson ("Miss Wilkinson") has run a YouTube channel called DissociaDID which provides information on a condition known as dissociative identity disorder or "DID". According to the NHS website : "Someone diagnosed with DID may feel uncertain about their identity and who they are. They may feel the presence of other identities, each with their own names, voices, personal histories and mannerisms. The main symptoms of DID are: memory gaps about everyday events and personal information having several distinct identities." The channel has been very successful attracting over a million subscribers and generating revenues of just under £105,000 in 2020.  In Aug 2020 Ms Wilkinson set up Dissociadid Ltd . ("Dissociadid") to operate the channel....

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...

Branwell Brontë's Self Portrait Source Wikipedia Jane Lambert 21 Sept 2008   Revised 29 July 2017 It is important to identify the author of a work for two reasons. The first of those reasons is that the nationality or residence of the author may determine whether copyright subsists in a work at all. S.1 (3) of the Copyright, Designs and Patents Act 1988 ( "the CDPA" )  provides: "Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there)." If you scroll down to s.153 (1) you will find that copyright does not subsist in a work unless certain qualification requirements are satisfied as regards the author , the country in which the work was first published, or in the case of a broadcast, the country from which the broadcast was made. The second reason why it is important to know the identi...