INTELLECTUAL PROPERTY • SCIENCE AND TECHNOLOGY
MEDIA AND ENTERTAINMENT • COMPETITION
MEDIA AND ENTERTAINMENT
For many years, 8 New Square has been heavily involved in cases concerning the media and entertainment industry and has considerable specialist knowledge of this sector. Chambers 2006 described 8 New Square as the "best chambers for the interaction between media and technology" and we are well placed to advise on issues arising from convergence. Some of chambers' work involves IP rights in the context of new forms of exploitation and is at the forefront of developments in this field. Other work is more traditional. Members of 8 New Square regularly act for some of the biggest names in the media and entertainment industries.
Recent cases involving members of chambers include litigation over format rights for TV shows (Pop Idol/X Factor), rights to the Apple mark on the internet for The Beatles' company (Apple Corps v. Apple Computer), a claim for Mick Jagger in connection with a dispute over a recording contract and a substantial Francovich claim (with related ECJ proceedings) concerning the implementation of the Rental and Copyright Directives (PPL v. AG) relating to public performances.
In music, clients have included The Beatles, Paul McCartney, Björk, Liberty X, The Stone Roses, members of The Jam and members of the Buena Vista Social Club as well as many smaller artists, composers, songwriters and recording or publishing companies. Member of chambers also act for some of the leading industry bodies including for the BPI in connection with file sharing and for PPL in connection with licensing of sound recording copyrights. High profile cases include: MCA v Charly, Harrison v. Lingasong, Robin Ray v Classic FM.
In film and television, members of chambers have acted in some of the leading cases including Norowzian v Arks, Fraser-Woodward v. BBC and Pro Sieben v. Carlton.
In publishing, recent cases include The Da Vinci Code case (for Random House), the Prince of Wales Diaries case (for HRH Prince of Wales), Harry Potter (for Bloomsbury and J K Rowling) and the "Evening Mail" case (for Associated Newspapers). Members of chambers regularly advise and act for publishers of newspapers and magazines, including News Group and Northern & Shell.
Chambers also has experience, dating back to BBC v. Hi-Tech Xtravision, of handling cases concerning unauthorized decoders and apparatus for unauthorized reception of transmissions, including a number of cases for Sky.
See also copyright, designs and related rights
Music rights licensing and copyright tribunal cases
8 New Square is regularly involved in cases concerning music rights licensing including royalty and termination disputes and contracts of carriage (including satellite and internet distribution agreements).
8 New Square has a particular expertise in Copyright Tribunal work, having
been involved in many of the recent leading cases. Our former Head of Chambers,
Michael Fysh QC, is Chairman of the Copyright Tribunal as was Sir Robin Jacob.
Chambers has been involved in cases such as BSkyB v. PRS (broadcast royalty
payments), Virgin Radio v. PPL, (in-store radio) and BA v. PRS
(royalty rates for in-flight entertainment) as well as advising on many others.
Members of Chambers also have experience in competition aspects of rights licensing.
Sports and events rights
8 New Square regularly handles cases concerning sports and other event merchandising including rights to designs and logos of well known sports clubs and associations and sports personalities. Members of chambers were involved in Football Association v. Panini, the leading Court of Appeal case on incidental use in copyright infringement, Jordan v. Tiger Telematics (dispute concerning sponsorship agreements), Irvine v. Talksport, concerning the use of the racing driver Eddie Irvine's image on advertising material and cases on behalf of some of the largest football clubs. Members of chambers have also advised on the Olympic Association Right.