NIPC Law

Author Sjiong   Licence    CC BY-SA 2.0  Source Wikipedia High Court   Jane Lambert Chancery Division (Mr Justice Birss)  Warner Music UK Ltd and others v TuneIn Inc [2019] EWHC 2923 (Ch) (1 Nov 2019) This was an action for copyright infringement brought by the copyright owners or exclusive licensees of sound recordings that account for more than half the market for digital sales of recorded music in the UK and about 43% globally against the audio streaming service TuneIn Inc,  which is said to have 75 million active users around the world with access to about 100,000 radio stations.  This action had been heard by Mr Justice Henry Carr who died before he could deliver judgment. Rather than insist on a full retrial, the parties agreed that Mr Justice Birss should read the materials, including the transcripts of the hearing and then hear the parties' arguments.  The hearing before Mr Justice Birss took place on ...

Jane Lambert Copyright  is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 ( "the CDPA" )  as  "a property right" which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as "a copyright work" pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as "restricted acts". There are two categories of restricted acts: Primary Infringement which I discussed in Copyright: What is meant by "Primary Infringement" on 21 Sept 2008; and Secondary Infringement which I discussed in Copyright: What is meant by "Seco...

According to the knowledgebase of its website TVCatchup is an “internet television platform” which enables subscribers to watch live television on a computer or mobile device from anywhere in the UK. In ITV Broadcasting Ltd and Others v TV Catch Up Ltd [2010] EWHC 3063 (Ch) (25 Nov 2010) Mr. Justice Kitchin described that company’s activities at paragraphs [3] to [4] of his judgment as follows: “3. The defendant operates a website at www.tvcatchup.com which allows members of the public to watch live UK television, including the claimants' channels, on their computers, iPhones and games consoles. Any member of the public wishing to access the service must first become a member. He can then select one of over 50 channels by pressing on the appropriate icon, whereupon he is taken to a new screen on which the defendant provides a stream of the programme being broadcast on that channel. There is a slight delay before the member sees the programme because the defendant first shows on...