Intellectual Property Law

Transferring IP rights in software

It’s axiomatic that intellectual property rights are transferable.  A change of ownership of physical property can be evidenced by a change of possession; not so with intellectual property (IP). For this reason, IP transfers should always be embodied in a written instrument.  Indeed it’s often is a legal requirement that IP transfers be in writing. […]

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New wedding photography contract template

I’ve spent much of today working on a new wedding photographer contract.  This is an adapted version of our existing standard terms and conditions for photographers.  There are quite a few features of wedding photography documents that differentiate them from other kinds of photography contract.  Having been through the adaptation process, I would recommend that […]

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Sellling online and the law – part 3 – product descriptions

Product descriptions and photographs are among the more important aspects of a typical online sales strategy.  Descriptions should be clear, informative and fresh; photos should be properly exposed and focused, and large enough enough to show off the products to best effect.  But also, descriptions and photos must be legal. This article – part 3 […]

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How copyright protects websites

19 Apr 2012
Posted in Intellectual Property Law, Internet Law

There is no copyright in a website as such, but copyright will usually protect some or all of the elements of a website.  Copyright protects specific classes of “work”.  Those classes are enumerated in the Copyright, Designs and Patents Act 1988.    Section 1(1) provides: Copyright is a property right which subsists in accordance with this […]

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Product photography and copyright law

17 Apr 2012
Posted in Intellectual Property Law

There are two aspects to photographic copyright: photographs may be protected by copyright, but may also infringe copyright.  A photograph of a painting could infringe the copyright in the painting, and a photograph of a photograph could likewise infringe.  That much is well-known to most photographers. The position with respect to photographs of other artefacts […]

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Copyright licences under the CDPA

11 Apr 2012
Posted in Intellectual Property Law

One of the great things about copyright is the flexibility of licensing.  Copyright licences can be for a particular right, for a particular area, for a particular period, and subject to almost any conditions you can dream up.   As a junior lawyer involved in a music industry contract review exercise, I remember seeing a licence […]

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10 things you should know about … copyright

20 Mar 2012
Posted in Intellectual Property Law

This short article explains the key points of copyright law – those which should be familiar to every website operator. Website operators need to know about copyright law because copyright materials are their stock-in-trade, and because dealing in copyright materials gives rise to legal risks. Complaints of copyright infringement involving websites are relatively common; and […]

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10 things you should know about … trade marks

22 Feb 2012
Posted in Intellectual Property Law

Brands are critical to most businesses, and can be worth millions, even billions – think Microsoft or Coca-Cola. On the internet branding assumes especial importance, not least because brands can be incorporated into domain names. The value inhering in a brand is protected by trade mark law; and it is sensible for businesses operating on […]

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Copyright – how long does it last?

07 Apr 2011
Posted in Intellectual Property Law

The law of copyright protects creative output.  It is a property right which prevents copying and arises automatically even ‘before the ink is dry on the paper’.  In an age of unlimited electronic access to information and imagery of every kind, the danger of infringing someone’s copyright is ever-present.  However, the law on copyright only […]

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