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Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Copyright infringement

 

Copyright infringement

Copyright infringement is the subject matter of this article. Certain comments by Newey J, further to an application brought by the claimant in the case below are of interest to those who specialise in copyright matters. In giving judgment he commented that a copyright infringer was more akin to a trespasser than a thief. It is of some general interest because the words – “theft” , “piracy” and “stealing” are commonly used when referring to copyright infringement. So despite this being a slightly dated Judgment, taking place at the beginning of this year, for copyright infringement enthusiasts everywhere, I decided to review the case.

The case is 20th Century Fox Film Corporation (claimant)  v. Harris (defendants) [2013] EWHC 159 (Ch); [2014] [F.S.R]. In a nutshell the case emphasises that a copyright owner does not have a proprietary claim in copyright infringement.
 
Initially 20th Century Fox brought proceedings for copyright infringement against Newzbin Ltd in a representative capacity on behalf of themselves and other members of the Motion Picture Association of America against the Newzbin Internet site from which illegal downloading of copyrighted film was taking place. The claimant successfully obtained judgment in these proceedings and the Newzbin site was taken down (see: 20th Century fox Film Corporation V Newzbin Ltd [2010] EWHC 608 (ch); [2010] F.S.R 21, ChD). A second website with the same name Newzbin2 was launched soon afterwards.  These subsequent proceedings form the subject matter of this article.
 
The defendants were individuals and companies alleged to own and control Newzbin2 either directly or indirectly (the 2nd defendant held a power of attorney for a Panamanian company which owned the property in which the 1st defendant lived). The claims against the defendants were for copyright infringement and unlawful conspiracy.
 
The claimant sought proprietary injunctions against all 5 defendants. The claimant contended that the proceeds of the alleged infringement were held by the defendants on a constructive trust for the relevant copyright owners. In particular the claimant sought to draw an analogy with theft laws and the availability of the equitable remedy of tracing. The 1st and 2nd defendants alleged that the claimants had no such proprietary claim.

Newey j, refused the claimant’s application. He commented that there were closer parallels between copyright and the law of trespass than theft law, and that the relevant case law did not support the proposition that a landowner could assert a proprietary claim against a trespasser. Further, although s96 CDPA 1988 was drawn widely enough to include a proprietary claim, affording  “all such relief by way of damages…..or otherwise”,   it did not provide specifically for a proprietary claim.  In other words, the application was a bit of a pioneering adventure.
 
If allowed a proprietary claim for all proceeds of the infringement  ( not just for profits) was likely to stifle innovation and enterprise.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

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