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.

Narrow Your Focus

Discover Insights :

Social media contacts

Our social media contacts have become a routine part of the way we do business. Most businesses have a social media presence, and market or advertise their trade or services through social media. Additionally, employees use social media to communicate with each other, and with clients or customers.

In August 2013 in the case of Whitmar Publications Ltd v Gamage an employer obtained a court injunction to prevent ex-employees from using the employer’s social media contacts.

Facts

The defendant, Gamage and others set up a competitive business, and tried to take the clients and employees of the claimant, Whitmar. The employees refused to disclose Whitmar’s user name and password for its Linkedin pages. They also took Whitmar’s database of clients. Whitmar sought injunctions to stop the misuse of confidential information to gain an unfair commercial advantage.

Decision

The High Court granted the interim injunctions on the basis that Whitmar would have a good chance of success at trial. In this case, Whitmar did not have contracts governing social media, and had to rely on implied duty of good faith and fidelity.

Comment

It is not only your LinkedIn contacts that you need to protect. Your Twitter followers, Facebook pages, and your content and contacts on all the social media platforms should also be protected.

The number of Twitter followers a company has gives an impression of how popular that company is, and therefore it is an indication of the brand value of that company, so are the number of fans following a Facebook fan page. If a consultant or employee spends time building Twitter followers, and then leaves the project or company they may claim the company’s followers.

The problem with relying on an employee’s implied duty of good faith is that it is subjective. It is what the employee considers is in the interests of the company. Likewise with the implied duty of fidelity it is as Lord Greene MR says in Hivac v. Park Royal [1946] Ch 174 practically difficult to find out exactly how far the “vague duty of fidelity extends”. In other words you want to have a written policy that will stand up in court as best practice. In drafting a social media policy you also need to consider the employee’s right to privacy and to freedom of expression.

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.