Lawyerpalooza: when music festivals get intellectual property licensing wrong
Commercialisation is the process of bringing Intellectual Property (IP) to the market in order to be exploited: put simply, it's how artists make money from their creations. To maintain control and balance risk against rewards, creators often use license agreements to ensure their work is
All the Stars and Constellations
A music video for the new Black Panther film features scenes of striking similarity to artist Lina Iris Viktor's Constellations series. Is this inspiration or infringement? Marvel Studios’ new movie Black Panther features the first black superhero to appear in mainstream comics. It has received widespread acclaim and press,
Legal Careers: Applying for Training Contracts & Vacation Schemes
It goes without saying that one of the most important skills any solicitor can have is the ability to organise and prioritise. One of the most helpful systems I implemented during my year-long search for a training contract was an extensive spread sheet. To begin, I listed
Cisco v Arista: what next for computer programs and copyright?
Computer programs are functional, but they are also “literary works” that may be protected under copyright law. In December 2016, Arista Networks defended itself against a $335 million copyright infringement lawsuit from Cisco Systems. Cisco is now appealing the decision.Cisco Systems, the largest networking company in the world, is trying to prevent Arista Networks from building ethernet switches which partially rely on technology copied from Cisco. Now on appeal before Federal Court in California (9th Circuit), the legal question is whether aspects of the particular technology deserves copyright protection in the first place. [caption id="" align="alignnone" width="960"]

UEFA scores goal against internet giants to prevent copyright infringement
Union Des Associations Européennes De Football (UEFA), whose members include 55 national football associations, organises some of the most famous and prestigious football competitions in Europe. Recently, UEFA obtained an injunction against the UK's main retail internet service providers. As a substitute for paid subscriptions to sport packages through Sky, BT and others, some football fans are instead using set-top box devices such as Kodi to connect directly to streaming servers via their IP addresses. A survey for the BBC found that 47% of adults have watched a football match through an illegal provider at least once, with 36% streaming matches at least once per month. Infringement in this way is on the rise for two key reasons. Firstly, an increasing proportion of UK consumers mistakenly believe using devices to access unauthorised streams is lawful. Secondly, most people know they personally won't face charges for pirating illegal streams. UEFA therefore applied for an injunction against the internet companies themselves, relying on the principle of "online intermediary liability." Online intermediaries are companies which provide the infrastructure and data storage to facilitate transactions over the internet. Examples of intermediaries are search engines, web hosts, and internet access and service providers ("ISPs"). Rather than go after private users, copyright holders - such as UEFA, movie stuidos and record labels - consider corporate intermediaries to be more viable targets for lawsuits. Accordingly, if online intermediaries have actual knowledge of the copyright infringement, they may be liable for the illegal behaviour of their customers and viewers.
Services of intermediaries may increasingly be used by third parties for infringing activities. In many cases such intermediaries are best placed to bring such infringing activities to an end. — Recital 59, Information Society Directive (2001/29/EC)