Topic: Copyright

Reputation: Taylor Swift’s protections under American and English Defamation Law

“Now we’ve got problems / and I don’t think we can solve them” (without lawyers…) The right to freedom of expression is not an absolute right: there are certain restrictions in place to protect an individual’s reputation. But those restrictions vary significantly, depending on which side of the Atlantic you’re on. Considering the shared legal traditions of the United States and Great Britain, their differences on the issue of free speech is surprising.  In early September, PopFront published an article entitled “Swiftly to the alt-right: Taylor subtly gets the lower case kkk in formation.” Exploring the singer’s (somewhat convoluted, if not contrived) connections...

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Passing off explained

The law of passing off is a complicated business but it needs to be considered where trade marks have not been registered. Where you believe that someone is unlawfully using your (unregistered) trade mark, there are three elements that you have to prove if you want to show infringement (and convince that other party to stop using it). These are goodwill, misrepresentation and damage. The recent case of Redwood Tree Services v Redwood Tree Surgeons is helpful in elaborating on these points. Both parties ran tree surgery businesses in Surrey. The court held that as the claimant had been operating in...

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Fashion Videos and Podcasts

Here you will find some interesting videos and podcasts on all things fashion and IP Fashion Design – Free inspiration or worth protecting? Fashion Design – Free inspiration or worth protecting? on Vimeo. How to develop a fashion brand using your intellectual property How to develop a fashion brand using your intellectual property onVimeo. Fashion Business Partnerships: IP as an Asset Fashion Business Partnerships: IP as an Asset on Vimeo.   Building a Fashion Brand: Podcast Buliding a Fashion Brand Podcast on Vimeo. Fashion Contracts Podcast Fashion Contracts Podcast on...

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The IP Guide to… Advertising & Marketing

Advertising and marketing are big business. An effective advertising campaign can make the difference for a product between success and failure, so, it’s no surprise that there are a variety of intellectual property (IP) issues involved in this field. The main ones are: copyright; trade marks; design rights; passing off; and protection of confidential information Copyright Copyright law gives basic protection to advertising and marketing work from unauthorised copying. It applies to literary, dramatic, musical or artistic works; sound recordings; films; broadcast and typographical arrangements. Protection arises automatically and requires no registration. The creator of the advertising or marketing...

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The IP Guide to… Visual Art

If you are in business as a visual artist, this guide is for you! The purpose of this guide is to provide businesses and artists with a basic understanding of their intellectual property (IP) rights in order to enhance their chance of business success. Each relevant IP right is considered, as well as their advantages and disadvantages, and pitfalls to watch out for. In this IP Guide, visual arts are deemed to be creations of visual works such as drawings, paintings, photographs, sculptures or print making. The discipline includes fine arts as well as applied or decorative arts and crafts. In...

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