Nov 13th, 2009
by John Abbott.
Picture the Scene
Our defendant clients had been involved in long-running proceedings involving complex copyright issues. There were 10 parties involved in the proceedings some with cross claims against each other.
The legal issues were numerous and complex and the contentions that would have to be determined in court included: Who was the true copyright owner? Had there been joint authorship? Had there been copying? If so, what was the precise extent of the copying? Was similar ‘look and feel’ enough to establish copying? To what extent did the judgment in Navitaire Inc –v- Easyjet (No3) 1725 (Ch) (2005) ECC30 impact on the issues? The question of the personal liability of directors for any infringements by their companies would also have to be adjudicated as well as some very opaque issues of fact.
Oct 10th, 2009
by Chris Sherliker.
This is a non-exhaustive 50 point checklist designed to help you avoid some very common legal pitfalls and maximise the legal security of your business.
- Make sure that legal ownership assets used in the business are actually owned by the business.
- Get written copyright assignments from designers, authors, software and web developers and appropriate warranties of originality.
- Check the terms and conditions of third party suppliers of services to ensure you legally own any deliverables they create.
- Do not rely on a terminable licence for key business assets; take an assignment or a perpetual royalty-free licence.
Sep 30th, 2009
by Chris Sherliker.
As of Monday, injured feelings will cost UK employers a lot more!
Employees who are unfairly dismissed, particularly in discrimination cases, often get an ‘injury to feelings’ award.
The case establishing the principle was the well-known 2005 case of Vento -v- Chief Constable of West Yorkshire Police.
There has been considerable debate since 2005 as to whether an ‘injury to feeling’ award should be index-linked to allow for inflation. Employment Lawyers have assumed they should be and their views have been confirmed in the Employment Appeal Tribunal case of Da’Bell -v- NSPCC which has just been decided in past 2 days.
