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Jane Lambert
Judging by the number of enquiries I get, this is the number one IP issue that concerns the creative industries.
It can arise in different ways. Sometimes a copyright owner complains that copies of his photos appear on someone else's website without his permission and he wants to know what he can do about it. Other times, I find myself counselling a business owner who has received a bruising letter before claim demanding eye-watering sums of money by way of compensation and legal costs and far-reaching undertakings.
Until the launch of the small claims track of the small claims track of the Intellectual Property Enterprise Court in 2012, the question was often academic because the costs of copyright infringement litigation greatly exceeded the damages that were likely to be awarded. What has made it a live issue is the launch of an almost risk free low-cost small claims jurisdiction and the tendency of the courts to award serious monetary sums by way of damages such as the £10,000 awarded by Judge Birss QC in Hoffman v Drug Abuse Resistance Education (UK) Ltd [2012] EWPCC 2 (19 Jan 2012) or the £6,300 awarded by Judge Hacon in Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd and Another [2015] EWHC 2608 (IPEC) (14 Sep 2015).
I shall be exploring those issues and giving practical advice at a seminar for the commercial artists, photographers, web designers and other creatives of Merseyside and surrounding districts on 11 Oct 2017 between 16:00 and 18:00. I shall be one of the main speakers at the seminar which will be hosted by Guy Williams Layton at their offices at
Pacific Chambers
11/13 Victoria Street
Liverpool
L2 5QQ.
The seminar will be chaired by Michael Sandys who is head of IP at that firm. Between us we hope to cover:
- Overview of the Copyright, Designs and Patents Act 1988
- Exceptions
- Express and implied licensing
- Transatlantic misconceptions - fair dealing compared to fair use and the US Millennium Digital Copyright Act of 1998
- Creative Commons and other licensing schemes
- Hargreaves proposals and how far we have come
- Litigating on the IPEC Small Claims Track
- How to avoid or mitigate risk.
Space is limited and there is likely to be heavy demand. If you want to reserve your place, call Michael Sandys on +44 (0)151 236 7171 or send him an email.
If you want to discuss the seminar or its content you can call me on +44 (0)20 7404 5252 or send me a message through my contact form.
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