In Phonographic Performance Ltd v Hagan & Ors (t/a Lower Ground Bar and the Brent Tavern) [2016] EWHC 3076 (IPEC) HHJ Hacon considered the interplay of s.97(2) of the Copyright, Designs and Patents Act 1988 (CDPA) and art.13(1) of Directive 2004/48/EC on the enforcement of intellectual property rights (the Enforcement Directive) when awarding additional damages…
The court of appeals confirmed that there had been infringement of copyright in the claimant’s photographs, and in doing so, clarified the requirements for the protection of photos as copyright works. The court provided guidance regarding lump sum compensation as an alternative to compensation by way of direct damages. A full summary of this case…
An interesting case about the legality of a regulation issued by the Estonian Government on the “blank tape levy” The Estonian Authors’ Society, Estonian Performers’ Union and Estonian Association of Phonogram Producers (right holders’ collecting societies) filed a complaint in the administrative court claiming monetary damages (income loss) from the Government of the Republic of…
The court of appeals held that as there was no evidence that the Defendants had gained any profit from a public display of sculptures, they were not liable to pay royalties in respect of the exhibition. However, the defendants were ordered to discontinue sales of products bearing pictures of the copyright sculptures as this activity…
By Jeremy Blum and Luke Maunder, Bristows A recent decision in the UK Intellectual Property and Enterprise Court (IPEC) provides some helpful guidance on the application of the ‘user principle’ and, more importantly, on the interplay between damages for flagrant infringement under s.97(2) of the Copyright Designs and Patents Act 1988 (CDPA) and damages under…
In determining the amount of remuneration that an author might obtain for the copyright in his photographs, it was necessary to determine the remuneration that he would have received if the person who violated his rights had entered into an agreement with the author concerning the use of the work. Such a determination should be based on the remuneration rates in the…
This case in the Court of Appeal of ‘s-Hertogenbosch concerned the use of a photograph of a photo model by two rappers in one of their music videos. The video was uploaded to YouTube after which it was disseminated via their own website’s homepage and their YouTube Channel. Although the rappers were authorised to do so by the…
