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What is Copyright?
Copyright protects original literary, dramatic, musical and artistic works, including films, music and computer programs.
It protects against the copying of another’s work and the physical expression or representation of an idea, but it does not protect against independent development of the same idea.
Copyright ownership allows the owner to prevent the unauthorised use of the work, such as making copies or uploading the work to the internet.
Copyright automatically arises on the creation of the work and lasts for 70 years after the death of the author in relation to dramatic, artistic, literary and musical works.
The creator of the work is usually the first owner of the copyright in it.
What is Copyright Infringement?
Copyright infringement occurs when someone carries out certain acts regarding the work without the permission of the author.
These acts include:
- Copying the work;
- Issuing copies to the public;
- Renting or lending the work to the public;
- Performing, showing or playing the work in public;
- Communicating the work to the public;
- Making an adaptation of the work; and
- Importing infringing copies.
What Remedies are Available for Copyright Infringement?
There are various remedies available to copyright holder where copyright infringement is proven, including:
- Damages for any loss they have suffered;
- An injunction to prevent further infringements;
- Delivery up, destruction and/or seizing of the infringing articles; and
- Costs
Our Approach to Copyright Infringement
Breach of copyright claims can be extremely technical and complex meaning they are often deal with by specialist Courts in both England and Wales.
After we have reviewed your matter we will provide you with all of the potential options available. There are many remedies available, all of which will be discussed with you so, allowing you to make an informed decision.
Throughout the remaining process we will stand by your side, making sure that you are effectively protected and fighting for the right outcome.
Myerson is an award-winning law firm with a team dedicated to both contentious and non-contentious intellectual property issues. Throughout our years of assisting with IP issues we have been ranked by the prestigious Legal 500 law firm directory. This ranking assures you that you will be receiving the highest quality legal advice available.
Our Experience with Copyright Infringement
Breach of Copyright Claim
We act for a property developer who specialises in converting office blocks into luxury student accommodation.
Prior to our client purchasing a property in the North of England, a third party also had aspirations to purchase the site and convert it into student accommodation.
The third party had applied for planning permission and obtained the architect’s plans.
The third party was unable to complete the purchase of the property, which was subsequently bought by our client.
The third party alleged that our client had breached copyright by using its architect’s plans and pursued an injunction as well as damages.
Following the third party being disappointed with the result of a High Court trial, the third party appealed unsuccessfully to the Court of Appeal.
Advising on Intellectual Property Rights relating to Computer Software
We advised a client on his exit from the in-house software development division of Balfour Beatty.
Our client had, as part of his employment, worked on a software mapping tool which was used by Balfour Beatty internally for projects but which was not marketed externally to third parties.
Our client wanted to try and agree terms with Balfour Beatty to take a licence or enter into a joint venture in order to market the software externally.
We helped negotiate the client’s termination of employment, advised our client on his rights in relation to the intellectual property, identified the nature of his intellectual property and proposed potential structures for our client to have an ongoing relationship with Balfour Beatty.
Later, we advised our client in relation to court proceedings brought by Balfour Beatty for an injunction, damages and the destruction of the software.
Balfour Beatty alleged that our client was in breach of contract, in breach of confidence and had infringed copyright. Balfour Beatty withdrew its claim against our client at an early stage and we recovered our client’s costs.
Why Choose Our Intellectual Property Solicitors?
- Our intellectual property experts advise clients on a broad range of intellectual property matters, from initial registration and exploitation to protection and enforcement.
- Our specialist IP litigation team is also highly experienced in handling business disputes involving intellectual property.
- Myerson is a member of the Intellectual Property Lawyers Association (IPLA), an association of law firms with an established intellectual property office. Our membership provides our clients and us with access to a wealth of knowledge and expertise in intellectual property.
- Through our many years of service, we have close working relationships with trade mark and patent attorneys and regularly liaise with them on a wide range of intellectual property issues, such as registering trademarks, patents and design rights, and when disputes arise concerning intellectual property rights. These working relationships are a key element of the service we offer to our clients.
- Myerson is also the Manchester and Cheshire law firm member for the MSI Global Alliance, a top 20 ranked international association of independent professional firms. As the IP matters we deal with often involve an international element, we can call upon the expertise and knowledge of our fellow MSI members to ensure that our client's global interests are protected.
Testimonials
Meet Our Intellectual Property Solicitors
Home-grown or recruited from national, regional or City firms. Our intellectual property lawyers are experts in their fields and respected by their peers.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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