INTELLECTUAL PROPERTY • SCIENCE AND TECHNOLOGY
MEDIA AND ENTERTAINMENT • COMPETITION
COPYRIGHT, DESIGNS AND RELATED RIGHTS
Cases relating to copyright and designs have been a major aspect of the work of 8 New Square for over 50 years. Two of the leading text books on the subjects are authored within chambers (Laddie, Prescott and Vitoria The Modern Law of Copyright and Designs and Russell Clarke and Howe Law of Industrial Designs).
Artistic copyright and designs
Chambers has extensive experience in artistic copyright cases covering the whole range of fine and applied arts and design.
Some years ago chambers was involved in the leading case on artistic copyright in the House of Lords, Designers Guild, which related to textiles. Members of chambers regularly act in cases involving the fashion and textile industries including jewelry design. This includes work for high street names such as Marks & Spencer, Monsoon and French Connection as well as for high end designer labels. In fine art, recent cases have involved rights in paintings by Francis Bacon (Clark v. Artprints).
Members of chambers also have wide experience in cases concerning architecture, including acting for some of the leading creative figures. Among the reported cases involving members of chambers are Cala Homes, Pensher Security Door v. Sunderland CC and Pearce v. Ove Arup.
Literary and dramatic copyright
Chambers has a longstanding expertise in literary copyright and publishing cases, including disputes over publishing contracts and disputes over confidential disclosures. It was involved in one of the largest copyright claims ever brought (on behalf of the Ordnance Survey).
Recent high profile cases include The Da Vinci Code (concerning alleged copyright infringement of "Holy Blood Holy Grail" by Dan Brown when writing the best selling novel), Fremantle v. 19 TV (a claim that The X Factor was an infringement of rights in Pop Idol), Bloomsbury (injunction against persons unknown to restrain premature publication of JK Rowling's works), James Joyce (a claim that a new edition of Ulysses infringed rights of the Joyce estate) and HRH Prince of Wales v. Associated Newspapers (concerning copyright infringement in travel journals written by the Prince of Wales).
Performers' rights, recording rights and moral rights
8 New Square regularly acts in cases concerning performers' rights, recording rights and moral rights, including the leading case concerning the Alan Clark Diaries.
Music, film and television copyright
Members of chambers regularly act in disputes concerning music, film and television rights. See media and entertainment law for details.
Design rights
Chambers has extensive experience in design right cases and regularly undertakes work in this area. Cases handled involve UK registered and unregistered designs as well as community design rights.
Cases during 2005-6 involving members of chambers include the leading Court of Appeal cases: Animal v. Oakley (validity of design regulations), Landor v. Hawa (method or principle of construction) and Dyson v. Qualtex (design rights for spare parts). Other recent cases include Ultraframe v. Eurocell (conservatory parts), Helmet v. Tunnard (protective helmets) and Frayling v. Premier (furniture).
Database rights
Database right has been with us for almost a decade but there has been only one substantive decision following a UK trial and one leading judgment of the European Court of Justice which relates to the scope of the right. Four members of 8 New Square were involved in that case (British Horse Racing Board v. William Hill). Both before and since that decision members of 8 New Square have advised on the applicability of the Directive across the whole range of industrial and commercial activity.