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

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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. 

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Discover Insights :

Website Takedown

 

Website Copyright Takedown Notice Lawyers

Website Copyright Takedown Notice Lawyers explain United Kingdom compared to United States Law and the DMCA Website Takedown Notice.

The legal issues involved in copyright licensing of a website, website terms and conditions, takedown notices and diversion of domain names are very complicated because there is often a global element to a dispute. So, for example, you are an attorney in the United States and have a client based in Russia that has two largely identical websites – one in the UK, one in the US, each hosted by country-specific subsidiaries of the same hosting company.

The host removed the UK site because of a spurious copyright infringement claim by your client’s former partner. You are then engaged to protect your clients US interests, including having the US site restored should US site be taken down under the DMCA take-down notice.

In the US if a host takes down a site under a DMCA notice, they must later restore the site under a DMCA response from the alleged infringer. Following the procedures provides a safe harbour for the ISP from liability for infringement. However, your client wants to know whether there are analogous provisions in the UK.

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What steps can be taken short of litigation to have a site that has been taken down restored?

The answer is:

Article 12-15 of the Electronic Commerce Directive 2000 parallels in no small part, safe harbours, introduced by the DMCA.

UK implementation took place in the:

Electronic Commerce (EC Directive) Regulations 2002.

ISPs have immunity from liability for copyright infringement provided that they do not have actual knowledge of infringement and they act expeditiously to remove infringing websites when informed that such sites are engaging in illegal activity. Notice is given to the ISP under:

Regulation 6(1)(c) of the Electronic Commerce Regulations 2002.

ISPs are not immune however to injunctive relief. An ISP is unlikely to bring down a website on the expositional evidence of one party. You would almost always require an injunction.

In some cases, competitors will seek to drive a rival out of the market by diverting the rival`s website address or domain name to a pornographic website leading to a court dispute.

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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