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New Cases
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Summarized Cases
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New Cases
Recent case law materials submitted by the reporters and, if applicable, made
available in PDF format or as a hyperlink on: www.KluwerIPCases.com . Full reports will be available shortly.
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United Kingdom
Reporter:
Isabella Alexander
University of Cambridge |
| 1 Lucasfilm v. Ainsworth |
| Court of Appeal Civil Division (Court of Appeal Civil Division), 16 December 2009
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| Appellant 1 | Lucasfilm Limited | | Appellant 2 | Star Wars Productions Limited | | Appellant 3 | Lucasfilm Entertainment Company Limited | | Respondent 1 | Andrew Ainsworth | | Respondent 2 | Shepperton Design Studios Limited |
| Key areas |
Jurisdiction
Ownership
Subject matter (copyrightable) |
| Relevant terms | Sculpture |
Headnote
Helmets made for the film Star Wars are not sculptures within the meaning of the Copyright, Designs and Patents Act 1988. As a result, the respondent can take advantage of the defence provided by section 51 CDPA. Claims for infringement of foreign, non-EU (or Lugano) copyrights are not justiciable in the UK. Carrying on business via the internet does not amount to sufficient presence in the US, such as to allow a US judgment to be enforced against the respondent in the UK. Any copyrights arising from the respondent's work in other countries are impliedly assigned to the appellant.
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See for the full text of this case www.KluwerIPCases.com |
See also
http://www.bailii.org/ew/cases/EWCA/Civ/2009/1... |
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Summarized Cases
Recent case law materials summarized and/or annotated by the reporters and made
(browsable and fully searchable) available on www.KluwerIPCases.com
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Netherlands
Reporter:
Marcel Dellebeke
Institute for Information Law (IViR), University of Amsterdam |
| 1 Thuiskopie v. NORMA and IRDA |
| Supreme Court (Hoge Raad), 13 November 2009
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| Appellant | Stichting Thuiskopie | | Appellee 1 | Stichting Naburige Rechten Organisatie voor Uitvoerende Kunstenaars NORMA | | Appellee 2 | Stichting International Rights-collecting and -distributing Agency (IRDA) |
| Key areas |
Neighbouring rights |
| Relevant terms | Private copying levy |
Headnote
In this case the question in dispute was whether US performing artists are entitled to the 'private copying levy' of article 10 sub e juncto article 32 par. 1 of the Dutch Neighbouring Rights Act. The Supreme Court ruled that performing artists from countries which are not a member of the Rome Convention (like the US) do have neighbouring rights in the Netherlands, which means that these artists are entitled to a private copying levy. However, these rights only relate to 'audio', and do not include 'video'.
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See for the summary of this case www.KluwerIPCases.com |
See also
http://zoeken.rechtspraak.nl/resultpage.aspx?s... |
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United Kingdom
Reporter:
Isabella Alexander
University of Cambridge |
| 2 Gilham v. R |
| Court of Appeal of England and Wales (Court of Appeal of England and Wales), 9 November 2009
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| Appellant | Christopher Paul Gilham | | Respondent | The Queen |
| Key areas |
Technological measures
Reproduction (right of) |
| Relevant terms | Criminal measures
Substantial part |
Headnote
A person who plays a counterfeit DVD on a games console makes a copy of a substantial part of the game, even though there is at any one time in the RAM and on the screen and audible only a very small part of the work. The appellant was rightly convicted of the offence of dealing commercially in devices, products or components primarily designed, produced or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.
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See for the summary of this case www.KluwerIPCases.com |
See also
http://www.bailii.org/ew/cases/EWCA/Crim/2009/... |
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United Kingdom
Reporter:
Isabella Alexander
University of Cambridge |
| 3 Grisbrook v. MGN Limited |
| High Court Chancery Division (High Court Chancery Division), 16 October 2009
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| Claimant | Alan Grisbrook | | Defendant 1 | MGN Limited | | Defendant 2 | Scottish Daily Record and Sunday Mail Limited | | Defendant 3 | Syndication International Limited |
| Key areas |
Infringement
Communication (right of)
Limitations |
| Relevant terms | Public interest defence
Implied terms |
Headnote
The licence granted by a freelance photographer to a newspaper publisher does not extend to the photographs' storage in websites containing back numbers of newspapers and their commercial exploitation through such websites.
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See for the summary of this case www.KluwerIPCases.com |
See also
http://www.bailii.org/ew/cases/EWHC/Ch/2009/25... |
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