Intellectual Property And Digital Media Legal Excellence
Specialist Intellectual Property and Digital Media Legal Advice

Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

PAIL Solicitors IP and Digital Media Blog

Our Blog

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. 

Narrow Your Focus

Discover Insights :

Online Artwork Copyright Infringement Cases on the Rise: Analysis from PAIL Solicitors

Successfully suing online businesses unlawfully using AI to reproduce copyright works

In the fight against online copyright infringement, PAIL Solicitors, a top London-based boutique Intellectual Property law firm, is leading the way. 

As the prevalence of online copyright breaches continues to rise, PAIL Solicitors, a prominent boutique niche law firm, discusses online artwork, particularly the increase of AI copyright infringement claims. PAIL Solicitors has been at the forefront of Online and Digital Law for 25 years, and they focus on safeguarding creative works, such as artwork, graphics, and designs, from copyright infringement and unlawful online usage. When protecting their intellectual property, innovators rely on PAIL Solicitors, a firm known for its practical solutions.

Contrary to the widespread belief that there is no such thing as privacy on the internet and that cyberspace is a shared environment, this is not necessarily the case, particularly in the art that can be seen online. Peter Adediran, the Founder and Attorney of PAIL Solicitors, argues that a considerable proportion of people are either unaware or apathetic towards the notion that their use of artists' creations might potentially infringe against the rights of the artists. "Copyright infringement refers to the unauthorized use or creation of content protected by copyright without obtaining permission from the copyright owners," explains Adediran.

According to the UK Copyright, Designs, and Patents Act 1988 (CDPA), the owner of the copyright is granted exclusive rights to reproduce, distribute, and publicly display their work. Any unauthorized use of these rights constitutes infringement; additionally, uploading an artwork to a website without permission constitutes making a copy of the work, thus infringing the copyright. Intellectual Property Enterprise Court (IPEC) rejected a claim in the prominent case of Evans v John Lewis, which alleged infringement in relation to John Lewis's 2019 Christmas advert and its accompanying illustrated children's book, Excitable Edgar. PAIL Solicitors highlights the need to demonstrate access to the purportedly copied work and strong similarities that would convince a reasonable individual that one work was taken from the other to succeed in copyright claims.

Addressing claims against AI developers in the UK and the US, Peter Adediran highlights that the advancement of AI technology is dramatically changing the intellectual property and media landscape by introducing new creative capabilities. However, recent copyright cases against AI developers show that these advances can present complex legal issues.

According to Adediran, copyright lawsuits against AI developers in the UK and the US demonstrate the changing legal environment around using copyrighted content in AI development. He also states that recent copyright claims against AI developers in the UK and the US have highlighted thorny legal questions. For example, on December 27, 2023, the New York Times initiated a legal action against OpenAI and Microsoft, accusing them of copyright infringement. The complaint claims that the companies unlawfully utilized the newspaper's stories to train the widely used ChatGPT language model. The publication asserts that this action amounts to an expropriation of their intellectual property without sufficient remuneration or acknowledgement.

Additionally, in January 2023, Getty Images initiated legal action against Stability AI at the High Court of London. Their claim? Infringement of intellectual property rights. They claimed that Stability AI trained its widely used AI tool, Stable Diffusion, by illegally copying and processing more than twelve million of their images. The AI developer was denied permission to dismiss portions of the action by the High Court in December 2023, setting the stage for what may be a historic trial.

Digital Media Solictors

In Conclusion

As copyright infringement cases progress in the digital era, PAIL Solicitors, Media, and Entertainment Lawyers continue to lead in safeguarding intellectual property rights. Boasting a rich history spanning over two and a half decades, the company has firmly positioned itself as a leading Intellectual Property Law Authority. This achievement can be attributed to its unwavering commitment to innovation and zealous representation of clients, a particularly crucial aspect given the increasing number of copyright infringement lawsuits. The team of legal specialists at PAIL Solicitors is highly experienced in effectively negotiating the complexities of digital copyright law. They specialise in offering tailored strategies to enforce and protect intellectual property rights.

PAIL Solicitors offers clients fixed pricing and Rapid Response Services; for more information or to schedule a consultation, visit https://www.pailsolicitors.co.uk.

Contact Details:
Business: PAIL Solicitors
Contact Name: Peter Adediran
Contact Email: peter@pailsolicitors.co.uk
Website: https://www.pailsolicitors.co.uk
Country: United Kingdom

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

IP & Trademark LawPeter Adediran