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Copinger & Skone James on Copyright
Copinger & Skone James on Copyright
17th Edition, 1st Supplement
Series:  Intellectual Property Library
Practice Area:  Intellectual Property
ISBN:  9780414064294
Published by:  Sweet & Maxwell
Publication Date:  06 Dec 2017
Format:  Paperback
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A leading text in its field, Copinger & Skone James on Copyright offers thorough and comprehensive coverage of the main aspects of copyright and connected rights.

This 17th edition has been extensively rewritten to take account of the increasing significance of International and European law in this field. Volume 1 contains commentary and analysis with Volume 2 featuring legislation and materials.

The title takes a subject by subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights.

The first supplement covers the following updates:

  • Chapter 3 (Requirements for protection) update covers significant decisions on films and dramatic works (EWCB v Tixdaq) and databases (Technomed v Bluecrest) as well as the recasting of Ch. IX of the 1988 Act (Qualification for copyright protection).
  • Chapter 7 (Primary Infringement) updates cover the new EU Regulation on the cross-portability of online content services, important case law on substantial part (EWCB v Tixdaq) and new CJEU decisions on exhaustion of software copyright (Ranks) and e-lending (Stichting Leenrecht). In relation to the important topic of communication to the public, the impact of various significant CJEU decisions is considered, including Reha Training, GS Media, Filmspeler and SBS Belgium.
  • Chapter 9 (Permitted Acts) update covers EWCB v Tixdaq on permitted acts, the Stichting Leenrecht decision on the public lending exception and associated amendments to the 1988 Act, the partial repeal of s. 72 of the 1988 Act, the repeal of s. 73 of the 1988 Act and the various proposed EU initiatives in the field of copyright exceptions.
  • Chapter 12 (Performances) update covers the new provisions as to qualification and the decision in Heythrop concerning performances involving animals
  • Chapter 13 (Designs) updates consider the decision of the High Court in Neptune which considered the significance of the amendment to the definition of a design for the purposes of UK design right and which provides guidance on other aspects of design right law. Also covered are the very substantial changes in the protection of designs resulting from the repeal of s.52 and of para.1 to Sch.1 of the 1988 Act. The section of threats also considers the changes to the law made by the Intellectual Property (Unjustified Threats) Act 2017.
  • In Chapter 18 (Database right) the decisions in Keystone and in Technomed are considered.
  • Chapter 21 (Civil remedies) updates cover a wide range of case law and CJEU references concerning the general principles applicable to enforcement and remedies, the McFadden case on the “mere conduit” defence, the Cartier, Tommy Hilfiger, McFadden and FAPL cases on injunctions against intermediaries/blocking orders and the ever-increasing case law on financial remedies and costs.
  • Chapter 22 (Criminal remedies and customs seizure) update covers the revised communication to the public offence and R v Evans on sentencing.
  • Chapter 28 (Control of the Exercise of Copyright) update includes the following: the important case of Soulier and developments in the jurisdiction and principles applied by the Copyright Tribunal; the implementation of the Damages Directive; the Paramount Pictures commitments; and the Commission’s inquiry into the e-commerce sector.

 

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