Latest News
Week commencing 29th September 2008
Harry Potter & the Lexicon No More
JK Rowling was successful in preventing the publication of the unofficial Harry Potter encyclopedia. She claimed that it would cause irreparable harm to her as a writer if published.
The key to the judgment was that too much of Rowling’s work was included in the new work. Questions of infringement are sometimes difficult – as to how much usage of the original work is required to equal copyright infringement.
What is substantial usage remains to be judged on a case by case basis. It should be noted that merely crediting the original source does mean that you have avoided infringing the original copyright. Permissions should be sought at an early stage and usually a payment structure would be included. In other words a licensing agreement.
Wembley Woes
An important note to be considered for the would-be litigators and for those dealing with the aftermath of the other party breaching an agreement following the judgment in the case between Multiplex and Cleveland Bridge.
Although judgment was in favour of Multiplex (the builders of Wembley Stadium), they may still have to pay ₤10 million in legal costs.
Usually the losing side pays winner’s costs but the judge penalized Multiplex as he thought the matter could have been settled some time ago and thus reduced the seemingly unnecessary fees. It is worrying to see that the photocopying bill was over £1 million.
Power to Who?
Regulators can now be given more powers to fine companies and to order them to stop dong certain acts or omissions.
The Regulatory Enforcement & Sanctions Act will provide new powers. It is likely that it will mean an increase in fines and less reliance on bringing criminal sanctions. This has probably come in response to the belief that certain regulators have lacked any bite when organizations have failed to comply with regulations.
One body that may come into contact with is the Information Commissioner who deals with data protection and freedom of information compliance. Businesses may notice more checks on their websites to see whether they are compliant with relevant regulations.
More fines may come more quickly to more businesses than ever before. Make sure that your website is compliant.
