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:

Articles on Addressing YouTube Copyright Claims

Advice on Protecting Digital Content

Information on Navigating Online Defamation
Litigation Tips And the Role of Contentious Disputes Lawyers
The Importance of TV and Film
Compliance with Modelling Agreements
Information On Publishing for Authors and Publishers
Essential Website-Related Agreements

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.

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Misuse of confidential information

Sky case and misuse of confidential information to create reality talent TV show

Before: Mr Justice Birss

Between:

Claimant

(1 ) Brian Wade
(2) Geraldine Perry

Defendant

British Broadcasting Limited
Citation Number: [2014] EWHC 634 (Ch)

Facts

The claimants Mr Wade and Mr Perry, had a successful careers in the music business. In about 2006 they had an idea for a TV programme. The show was to be called the Real Deal. It was to be a primetime music talent show that features artists who write and perform their own material. It included all types of singer-songwriters. The claimants formed a group called The Real Deal Partnership including themselves, Lester Mordue and Tim Van Someren. Mr Mordue had been Head of Programming at MTV. Mr Van Someren was an experienced television director. In November 2008, the Real Deal Partnership (TRDP) pitched the idea to Jo Wallace at the BBC. She was not interested particularly because she felt a show with original music would not work on prime time TV. TRDP adjusted their ideas to feature original music and cover versions. In June 2009 TRDP pitched their ideas to Clare Hollywood, a commissioning editor at the Defendant Sky, providing Sky with a deck which featured all their ideas. Despite encouraging correspondence from Ms Hollywood no decision was made by Sky. In February 2010 TRDP received a rejection message from Sky. Later in 2010 it emerged that Sky were making a new music talent show called Must Be The Music. Mr Van Someron was invited to direct the new show. Princess Productions produced the show for Sky. The claimants case is that The Real Deal had been copied by Sky to produce Must Be The Music. The claimants alleged misuse of confidential information. That Sky had misused the confidential information on the deck to create Must Be The Music. The claim form was issued in July 2012. The claimants case was based on inference evidence that ideas were derived or copied from the deck to create Must Be The Music.

It was held that although the deck contained confidential information, Sky did not misuse that confidential information. Must Be The Music was made completely independently. The action was dismissed.

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.

Useful Links

NDAs and Confidentiality Agreements Explained

Ethics of NDA Drafting