In October 1960, a jury formed at the criminal court in central London was asked to consider what would become one of the most important cases in modern English history. The trial concerned neither murder, treason, nor espionage, but the publication of D. H. Lawrence's Lady Chatterley's Lover by Penguin Books. In honour of Lord Jeremy Hutchinson QC, a member of the Penguin defence team who passed away yesterday, here is a reminder of why Regina v. Penguin Books was such an enormous decision for the freedom of expression.First published in 1928, Lady Chatterley's Lover tells the story of a young married woman, Lady Constance Chatterley. Her husband, Sir Clifford Chatterley, is handsome and wealthy, but paralysed from the waist down after injuring himself in the First World War. In addition to his physical (read: sexual) limitations, Clifford neglects Constance emotionally: her frustration leads to her affair with the estate's gamekeeper, Oliver. A particular sex scene and liberal use of strong language including "fuck" and "cunt" led to it being banned in several countries.
Hacking is a major issue for many industries - but Hollywood is an especially tempting target. The new Entertainment Security Operations Center in Los Angeles hopes to provide a secure system for studios to control their valuable creative content.HBO, Sony Pictures, and Netflix have all been hacked in major security breaches. In addition to embarrassing information being made public and loss of consumer confidence, infiltration can cost a film or television company big bucks. According to a Carnegie Mellon University study, films leaked online before official release can lose nearly 20% of their box office revenue. Furthermore, paid subscriptions for Netflix or HBO become less appealing to viewers if they can simply watch their favourite shows elsewhere for free. Why is Hollywood so poorly equipped to safeguard itself from data breaches? Outsourcing may be partially to blame. Special effects, musical scores, set engineering, and technicians are often provided by independent contractors and freelancers. While workers could be brought in-house, doing so would be expensive and limit flexibility when sourcing the best talent. Unfortunately, many of these small firms and individuals simply lack the resources to defend against sophisticated attacks. As a result, the hundreds or even thousands of people working on a project’s creation and distribution become security risks.
this post is featured on the University of the Arts London's intellectual property blog, creativeIP.org
♫♬ Now we've got problems / and I don't think we can solve them (without lawyers...)The right to freedom of expression is not an absolute right: there are certain restrictions in place to protect an individual's reputation. But those restrictions vary significantly, depending on which side of the Atlantic you're on. Considering the shared legal traditions of the United States and Great Britain, their differences on the issue of free speech is surprising. In early September, PopFront published an article entitled "Swiftly to the alt-right: Taylor subtly gets the lower case kkk in formation." Exploring the singer's (somewhat convoluted, if not contrived) connections to the American alt-right, PopFront suggests Swift's song "Look What You Made Me Do" resonates with Breitbart readers, Trump supporters, and white supremacists, et al. The article also shows a screenshot from Swift's music video juxtaposed with a photo of Hitler, noting that "Taylor lords over an army of models from a podium, akin to what Hitler had in Nazi Germany."
Has New Zealand been too friendly towards Hollywood, at the expense of its own workforce? New Zealand’s incoming Labour Government promises to restore certain employment protections for film cast and crew, by repealling the controversial "Hobbit Law" within the next 100 days.New Zealand is famous for being film-friendly. Gorgeous landscapes provide dramatic settings not far from the city comforts, and generous financial incentives are available in the form of government grants. Since the 1990s in particular, the country's film and television industry has participated in many large, complex international productions: such films include The Hobbit and Lord of the Rings franchises, The Chronicles of Narnia, the 2005 King Kong remake, Avatar, District 9, The Lovely Bones, and - a personal favourite of mine - The Piano (pictured above). Earlier this year, Statistics NZ announced that the country’s screen industry revenue had increased to $3.3 billion in 2016, with film production revenue doubling to more than $1 billion. In addition to direct revenues, film and television content also promotes and enhances New Zealand’s “national brand,” with many tourists visiting the country specifically because of what they’ve seen on screen. But has New Zealand been too friendly towards Hollywood, at the expense of its own workforce? New Zealand’s so-called "Hobbit Law" came into force in 2010 as a direct result of actors on Peter Jackson's film The Hobbit threatening industrial action. Warner Brothers’ Studio suggested it would retaliate by relocating the US $500m production elsewhere, with Jackson mentioning the possibility of filming in Eastern Europe instead. To keep The Hobbit in New Zealand, Parliament passed the Employment Relations (Film Production Work) Amendment Bill 2010 to limit screen industry workers’ rights.
The BBC's new show has been criticised for being "unnecessarily gruesome and brutal," with some viewers saying they became physically ill due to the graphic torture and execution scenes. Is portraying such violence necessary to better understand the historical context of 17th century England, or simply too much for Saturday night primetime television?Tonight is Bonfire Night! The "Gunpowder Treason Plot" of 1605 was a failed mass assassination attempt against King James I of England and VI of Scotland and the House of Lords. A group of English Catholics planned to blow up the Palace of Westminster, following which the Protestant King James would be replaced by a Catholic monarch. When Guy Fawkes was discovered guarding 36 barrels of gunpowder beneath the palace, the plot was foiled and the conspirators were subsequently executed. Londoners celebrated King James's survival by lighting bonfires around the city, as a "public day of thanksgiving." Although it's no longer an official holiday, there are still bonfires and fireworks around the country to remember remember the fifth of November.