Month: February 2002

New rights for employees engaged under fixed term contracts

It is common, in the media and entertainment industries, for employees to be engaged for a fixed period of time and for any renewal of that contract to be dependent on the employer’s requirements. An Employment Appeal Tribunal case at the end of last year highlighted a possible pitfall for employers who utilise consecutive fixed …   Read more

Sparks fly in electrical price wars: DSG Retail Ltd v Comet Group Plc

Currys and Comet have a history of litigation and ASA complaints in the price war that defines competition between rival electrical retailers. In a recent pitched battle in the High Court Currys have obtained an injunction to stop Comet from displaying promotional posters containing false statements about Currys prices. Currys and Comet monitor each other’s …   Read more

Sex and privacy: Theakston v MGN Ltd

Further clues as to how the courts will interpret the right of privacy conferred by Article 8 of the European Convention on Human Rights emerged from the judgment of Mr Justice Ouseley in the recent application by Top of the Pops TV presenter Jamie Theakston for an injunction to prevent publication by the Sunday People …   Read more

Visual search engineers and “fair use”: Leslie Kelly v Arriba Soft Corp

The US Court of Appeals has issued its decision in the long running battle between the photographer Leslie Kelly and the visual search engine. The reproduction of Kelly’s images in the form of thumbnails is “fair use” and does not infringe copyright, but the display of full-sized images was not a fair use and …   Read more

Popstars lose their liberty: Sutherland v V2 Music

Judgment was given by the High Court on 22 January in a dispute involving the use of the name “Liberty” by some of the unsuccessful finalists in the televised talent competition “Popstars”. The finalists formed their own group at the beginning of last year and were subsequently signed to the V2 label.  They released successful …   Read more