Tag

litigation

Copyright / Film and TV

TickBox sent packing as film studios and Netflix win $25 million lawsuit

This story was first published for the 1709 Blog, where I regularly write about copyright law in entertainment, technology and media.  The Alliance for Creativity in Entertainment (ACE), an industry coalition of global entertainment companies and film studios, together with Netflix and Amazon, has secured a major legal victory against Tickbox, a type of so-called “Kodi Box” streaming device. As a result of the judgement and permanent injunction, which were handed down in Los Angeles, California on September 11th, Tickbox will pay $25m (£19m) in damages. Additionally, Tickbox will no longer provide software that allows users to access pirated content, and agrees to…

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Don’t sue the messenger

From 1 October, the Intellectual Property (Unjustified Threats) Act 2017 offers new protection for professional advisers (including lawyers) involved in certain intellectual property disputes. If the owner of a trade mark, patent or design thinks someone else is using their intellectual property without permission, they may be tempted to threaten legal action with a letter, social media post, or other communication. While these are not formal legal actions as such, making such threats can be very a effective deterrent strategy. Because IP litigation can be both very expensive and commercially disruptive, most people will seek to avoid the cost and energy required to…

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Fake News? How about Fake Journalist™ 

Last week, the New York Times filed a lawsuit against Contessa Bourbon for causing substantial damage and injury to the paper’s business, goodwill and reputation. Despite having never worked for the Times, Contessa has been representing herself as one of their reporters – both in person, and on social media. According to the lawsuit, Bourbon pretends to be a NYT reporter to gain access to press events: she recently interviewed US Education Secretary Betsy DeVos and the Turkish Ambassador under such pretenses. Despite receiving cease and desist letters from the Times previously, Bourbon continues her charade. She tweets about articles…

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Lord Hutchinson, barrister who defended “Lady Chatterley’s Lover,” dies aged 102

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,…

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Reputation: Taylor Swift’s protections under American and English defamation law

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…