Copyright / Uncategorized

Fair Play to use FIFA trade marks on social media?

This weekend, together with millions of others around the world, I watched Iceland make its World Cup debut against Argentina. Iceland, the smallest nation to ever qualify for the World Cup, is a special country for me, not least because my husband and were married there! Especially as my home country failed to qualify for this year’s tournament (sigh) it comes as no surprise that I’m supporting the Iceland’s national football team, or Íslenska karlalandsliðið í knattspyrnu. I recently came across an article which said fans should beware of using World Cup logos in social media profile pictures. The article…

Uncategorized

Now you’re just somebody that I used to know

The GDPR has been in force for less than two weeks, but Europeans have already started to contact companies left, right and centre to exercise their newly enshrined statutory “right to be forgotten.” However, this right is not absolute, and only applies in certain circumstances. Let’s look at the balancing act between a data subject’s right to have their data erased on the one hand, and an organisation’s need to maintain data for legitimate purposes, on the other. Organisations (data controllers and processors) are obliged to only collect and use personal data in a lawful manner, as set out in…

Trade Marks

Ricciardo’s ritual returns at Monaco Grand Prix

Australian Formula One driver Daniel Ricciardo has an interesting celebratory ritual: he drinks champagne from his sweaty racing shoe. Keen to capitalise on the popularity of the stunt, Formula One has recently trademarked the name of this quirky act, known as a “shoey.” Drinking champagne from a lady’s slipper was once a symbol of decadence in the early 1900s. According to drinks and culture website VinePair, sipping booze from shoes is said to be of Russian origin, dating back to the late 19th century. At the Bolshoi Ballet in Moscow, fans may have drunk vodka from their favourite ballerinas’ satin…

Uncategorized

For creatives in California, a recent employment law case may raise concerns over copyright ownership

This story was first published for the 1709 Blog, where I regularly write about copyright law in entertainment, technology and media.  A California court ruling from April has raised concerns regarding its potential impact on copyright ownership. In Dynamex Operations West, Inc. v. Superior Court of Los Angeles, the matter before the court was a wage dispute, which required the court to consider the standard to apply in determining whether workers should be classified as employees, or as independent contractors. Nowhere in the 85-page judgement is “copyright” or even “intellectual property” mentioned. However, in a state with so many media and software companies, the new ruling could…

Uncategorized

Lights, camera, data protection.

Cannes: movie stars, auteurs, glamour, the French Riviera, and… data privacy? Before the cameras start rolling, a film production company will need to agree service contracts for cast and crew.  In honour of the Cannes Film Festival happening this week, let’s consider how data protection issues need to be addressed for an actor’s contract. A standard Actor’s agreement will cover payment, travel and residence allowances, box office bonuses, and of course, intellectual property.  But if the production company intends to process a significant amount of personal data about the Actor – such as dates and locations of filming, and details of travel arrangements…