Jake Palmer
Jake joined Bristows as a trainee solicitor in 2017 and is now an associate in the brands, designs and copyright team.
Much of Jake’s experience is in brand enforcement, copyright advice and IP disputes. He has been involved with devising a strategy for promptly enforcing rights in the context of social media removals in the fast fashion industry. Recent litigation experience includes a passing off trial in the High Court.
Jake has experience drafting advice notes on copyright subsistence and infringement in various contexts, from the film industry to online data use. He also works on trade mark prosecution matters.
He has assisted in advising clients on advertising matters and contributed to the latest edition of International Advertising Law.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2019
Membership
- BLACA – British Literary and Artistic Copyright Association
- IPSOC
Qualifications
- Management (BSc) (2011 - 2014)
- Post Graduate Diploma in Intellectual Property Law (2019 - 2020)
Education
- University of Warwick (2011 - 2014)
- University of Oxford (2019 - 2020)
3 Contributions by Jake Palmer
PRACTICE NOTES
Copyright for UK film and television productions: clearing and licensing underlying works; scripts, adaptations, characters, music and photographs; performers’ rights; and relying on fair dealing and other permitted acts
This Practice Note
This note addresses copyright concerns in film and television, relating to the underlying materials encountered throughout the production process. It spans literary creations such as scripts, biographies, characters, set and location design, photographs, music, and performances. It also explores permitted acts or statutory exceptions that might apply when different works appear within a film—including fair dealing, incidental inclusion, reporting court proceedings, filming in public places, and matters of public interest. When a new film or television programme is made, numerous distinct copyright works will make up the finished piece, depending on the nature of the project, eg a drama or a factual documentary. It examines several of the usual underlying works integrated into screen productions. Certain of these works will not automatically vest in the production company creating the film, so it is vital to obtain either an assignment or a licence for works generated during the production process, granting rights consistent with the planned scope of exploitation. Aligned fully with the intended scope of exploitation for the project concerned. For earlier, pre-existing works, producers may prefer to secure a licence, or rely upon one of the exceptions to copyright found in Chapter III of the Copyright,...
TMT
PRACTICE NOTES
Orphan Works in the UK: UK IPO Licensing Scheme, Diligent Search, Fees, Moral Rights, Appeals, and Post-Brexit Repeal of the EU Permitted Uses Exception
The orphan works problem
Orphan works are copyright works where the rights holder is unknown or cannot be found. Examples include:
books
films
music
photographs
The Copyright, Designs and Patents Act 1988 (CDPA 1988) grants the copyright owner exclusive rights in the UK to perform various acts in relation to a copyright work. Acts set out in CDPA 1988—such as copying and communicating to the public—carried out by anyone other than the owner, without permission, may infringe those exclusive rights.
As a result, orphan works cannot be copied or published without the rights holder’s consent without risking copyright infringement. This limits their use in, for example:
books
TV programmes
exhibitions
websites
For further context on where orphan works sit within copyright and associated rights, see: Copyright & associated rights—overview. The orphan works problem has led to large volumes of copyright works remaining unused, whether for cultural or commercial purposes...
IP
PRACTICE NOTES
United Kingdom copyright in films and television programmes: subsistence, authorship, term and revival across CA 1911, 1956 and CDPA 1988; qualification and related rights (soundtracks, broadcast right and moral rights)
For copyright purposes, the term ‘film’ denotes a recording, on any medium, from which a moving image may by any method be generated. A television programme is protected as a film for these purposes, and the definition is intended to be technology-neutral. This Practice Note examines the copyright protection conferred on films and television programmes themselves as copyright works, and Practice Note: Copyright in film and television: making a new film explores certain matters concerning the types of works (dramatic, literary, musical and artistic works) known as the ‘underlying rights’ that a producer may need to create or be required to licence during the course of making a new film or television production. The legal issues relating to television formats are not dealt with in this Practice Note; instead, see Practice Note: Television format rights.
Copyright in films
The general position is that the subsistence of copyright in existing films depends on the date of their creation and is determined by the law in force when the film was made. The ‘author’ is the first owner of the copyright in a film and is likewise identified in accordance with the law then in force. That determination follows the prevailing law...
TMT
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