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The copyright, designs and patents act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in the CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights.
There are two types of copyright infringement. Primary infringement occurs when a person does, or authorises another to do, any of the restricted acts without the permission of the owner of the copyright. Primary infringers are strictly liable, which means that their state of mind is not relevant to liability. Secondary infringement occurs 'further down the supply chain' where infringing works are dealt with or their production facilitated. Knowledge is required.
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The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights.Status of EU copyright law in the UKAs of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered a transition or implementation period of 11 months ending on 31 December 2020 (IP completion day), during which it continued to be subject to EU law. EU law introduced, or implemented, after the expiry of this period is not binding on the UK. For pre-existing legislation, the legal position existing immediately before IP completion day was preserved for the purposes of legal continuity, by taking a snapshot of the EU law that applied in the UK at that point and (for the most part) bringing it within the UK鈥檚...
Stage 1鈥攑reparing to bring a claim and pre-action mattersClaim preparation and pre-action matters鈥擯ractice Notes鈥opyright鈥昿rotectable works鈥opyright鈥攕ubsistence and qualification鈥opyright鈥攁uthorship and ownership鈥opyright infringement鈥nterim and final injunctions鈥攐verview鈥opyright鈥攑ermitted acts and defences鈥opyright鈥攕econdary infringement鈥ow to run an IP dispute鈥isclosure scheme鈥攐verview鈥ypes of dispute resolution鈥P and mediation鈥P and arbitration鈥K Intellectual Property Office鈥攎ediation schemeClaim preparation and pre-action matters鈥擯recedents鈥otice of seizure of infringing copies鈥ease and desist letter鈥擨P infringementClaim preparation and pre-action matters鈥擟hecklist鈥isclosure Scheme timetable鈥攃hecklistClaim preparation and pre-action matters鈥擣orms鈥pplication for injunction鈥pplication notice鈥otice of hearing of applicationClaim preparation and pre-action matters鈥擭ews Analysis鈥he use of intellectual property insuranceStage 2鈥攍etter of claim alleging copyright infringementLetter alleging copyright infringement鈥擯ractice Notes鈥opyright infringement鈥ow to draft a letter of claim in an IP dispute鈥njustified threats of intellectual property right infringement鈥ivil and criminal remedies for intellectual property infringement鈥opyright infringement鈥攔emediesLetter alleging copyright infringement鈥擯recedents鈥etter of claim鈥攃opyright infringement鈥etter of claim鈥攑eer-to-peer copyright infringementStage 3鈥攃ommencing proceedingsCommencing proceedings鈥擯ractice Notes鈥opyright infringement鈥opying software and copyright鈥ivil and criminal remedies for intellectual property infringement鈥opyright infringement鈥攔emedies鈥usiness and Property Courts鈥opyright criminal offences鈥isclosure scheme鈥攐verviewCommencing proceedings鈥擯recedents鈥laim form (copyright infringement)鈥攖he contents鈥articulars of claim (copyright infringement)鈥efence (copyright infringement)鈥eply (copyright infringement)鈥nitial disclosure list of documents鈥攄isclosure oscheme in...
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Consultant鈥檚 appointment鈥攍ong form design Contents This Agreement is made on [date] Parties 1 [Insert name of Employer] (Company Registration No. [insert number]) whose registered office is at [insert address of Employer] (the 鈥楨mployer鈥, which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert name of Consultant] (Company Registration No. [insert number]) whose registered office is at [insert address of Consultant] (the 鈥楥onsultant鈥). background WHEREAS (A) The Employer has entered into or proposes to enter into a contract with [insert name of Contractor] of [insert address of Contractor] (the 鈥楥ontractor鈥) for the design and construction of [insert brief description of the project] at [insert location of site] (the 鈥楤uilding Contract鈥). (B) The Employer wishes to appoint the Consultant to perform for the Employer the services as described in Schedule 2 to this Agreement (the 鈥楽ervices鈥) under the terms and conditions of this Agreement. [The Employer intends to novate the appointment of the Consultant to the Contractor in accordance with clause 24.] Now it...
Environmental consultant鈥檚 appointment This Agreement is made on [insert date] 20[insert year] Parties 1 [Insert name of Client] of [insert address of Client] (鈥榯he Client鈥 which term shall include all permitted assignees or other transferees under this agreement); and 2 [Insert name of Consultant] of [insert address of Consultant] (鈥榯he Consultant鈥) Whereas (A) The Client wishes to [insert brief description of the [works OR project]] at the property [insert property address] (the 鈥淧roperty.鈥) (B) The Client wishes to appoint the Consultant to perform for the Client the services as described in Schedule 2 to this Agreement (the 鈥淪ervices鈥) under the terms and conditions of this Agreement. Now it is hereby agreed as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings unless the context requires otherwise: Additional Fee 鈥 means the additional fees (if any) payable by the Client to the Consultant pursuant to Clause 12 for performing any Additional Services which the Client may instruct...
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What is the EU law on data scraping from websites? What is scraping? Web scraping is a process by which website data is extracted (ie copied) using a web scraping program. Websites are typically coded in HTML and a range of different web scraping programs have been created which interface with the HTML code to collect copies of the data for use elsewhere. Another type of scraping relevant to website operators is screen scraping. In very basic terms, this involves deploying a program to complete forms on third party websites and then extract the output/results from those forms. Often the program will simulate a human operator to obtain the outputs (which is why websites sometimes set 鈥榗hallenge responses鈥 such as Captcha, requiring the user to enter a code shown on the screen to determine whether that user is a human operator or a program). Some price comparison websites use screen scraping programs. What is the relevant law? Some of the law in this area is derived from, or is, European...
How do I protect my copyright? Understand copyright subsistence Copyright recognises the skill and labour expended by an author in creating a work. It is not so much about ideas as about the way they are expressed. In the UK, copyright is not a registered right: it arises automatically: the first step in protecting it, is to identify if it subsists in the relevant work. The subject matter must also be a work and the author of a work must qualify for protection. See Practice Note: Copyright鈥攕ubsistence and qualification. For the kinds of works protected, see Practice Note: Copyright鈥昿rotectable works. Use copyright notices Mark your work with a simple notice including the copyright symbol, eg 漏 Copyright Lexis庐Nexis 2013. For more detailed notices, see Precedent: Intellectual property notices and Do I need to use trade mark and copyright notices?. Do I actually own the copyright? Make sure you are the owner. As author/creator you are not always the owner of copyright, although you are usually the first...
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This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from Russia, India and Singapore; and updates from the HKIAC, ICC, LCAM, FAI, SCC Arbitration Institute, DIAC and CJEU. All this, and more in our weekly highlights.
Arbitration analysis: The High Court of Orissa (Orissa HC), vide its order dated 11 December 2024 in a petition filed under Section 11(6) of the Indian Arbitration and Conciliation Act, 1996 (A&C Act), upheld the arbitrability of disputes relating to copyright infringement on the basis that a claim for infringement of copyright against a particular person is an action in personam and not an action in rem. Accordingly, the HC appointed a sole arbitrator to adjudicate the dispute. Written by Juhi Gupta, counsel and Keyur Jaju, associate at Shardul Amarchand Mangaldas & Co.
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