Month: February 2013

No Monopoly in History: The History Channel v Discovery History

AETN broadcasts two cable and satellite channels in the UK: HISTORY (known as the HISTORY CHANNEL from 1995 to 2008) and MILITARY HISTORY. AETN is the registered proprietor of the word mark THE HISTORY CHANNEL. Discovery also broadcasts cable and satellite television channels in the UK. Its primary channel, DISCOVERY or THE DISCOVERY CHANNEL, is …   Read more

ASA Ruling on Unwanted Enlargement Mailers: Life Healthcare

The Advertising Standards Authority (ASA) has banned a Life Healthcare direct mailing campaign for Maximus penis enlargement capsules following a complaint that it was offensive. The ASA’s adjudication concerned a complaint by an individual who had previously asked the advertiser on a number of occasions not to contact them and challenged whether the marketer was …   Read more

Legal Advice Privilege Does Not Extend to Non-Lawyers: R (On the Application of Prudential Plc and Another) v Special Commissioner of Income Tax and Another

The Supreme Court has held that legal advice privilege does not extend to advice given by accountants, tax advisors or other professionals. Legal advice privilege (LAP) protects against compulsory disclosure of confidential legal advice given by a lawyer to a client. In this case, Prudential argued that tax advice given by accountants in relation to …   Read more

US Copyrights: The Termination Right

Authors of copyright works created after 1 January 1978 have the right to regain the ownership of these in the US after 35 years. Transfers of copyright in a work (including a song) signed on or after 1 January 1978 can be terminated, provided certain conditions are met and procedures followed. If a songwriter, for …   Read more

When Does Freedom of Speech Trump Copyright?

Copyright is a property right and therefore a human right protected under Article 1 of the First Protocol of the European Convention on Human Rights. Is the right to property a more or less important card in the human rights pack than the Article 10 right to freedom of expression? The Ashby Donald v France …   Read more

EU Code of Online Rights: a Compilation of Consumer Rights

Towards the end of 2012 the European Commission published its Code of Online Rights as part of its Digital Agenda for Europe actions. The Code does not create new law but summarises the basic rights of EU citizens in terms of using the internet and purchasing goods or services online. The Code is derived from …   Read more

Ofcom Imposes First Financial Penalty on VOD Provider

Strictly Broadband Ltd has become the first video-on-demand (VOD) provider to have financial penalties imposed upon it by Ofcom for breaching statutory rules regulating VOD. On 7 December 2012, Ofcom imposed a £60,000 fine following a determination by the Authority for Television On Demand (ATVOD), Ofcom’s designated regulatory authority for such services, that Strictly Broadband …   Read more