Originality meaning

In a keenly awaited ruling, the High Court decided that WaterRower (UK) Ltd could not press infringement actions against competing rowing machine manufacturer Liking Ltd, as it lacked any copyright in its own design in this dispute. The court found that the prototype WaterRower devised by John Duke might qualify as an original work for the purposes of EU law, yet it did not amount to a work of ‘artistic craftsmanship’ within the meaning of the UK’s Copyright, Designs and Patents Act 1988. Deputy Judge Campbell Forsyth stated that Mr Duke applied his expertise to build the prototype and that it possesses visual appeal, but concluded that, in doing so, he did not act with the attributes of an artist craftsman. Advisers from Gunnercooke, who represented Liking in the dispute, hailed the decision as ‘one of the most important developments in the IP industry this year’. Representatives of WaterRower did not promptly respond to a request for comment on 11 November 2024. WaterRower initially sued...

In this issue: Copyright & associated rights Designs Trade marks/passing off Patents General IP Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Wine importer loses ‘battle of the bottles’ in copyright claim (Martin v Bodegas San Huberto SA) UK importers take heed—the Intellectual Property Enterprise Court has backed an artist’s claim that a label on wine bottles brought into and sold in the UK by a UK company infringed copyright in an original work and also amounted to passing off. The Argentinian supplier had commissioned a designer to craft an appropriate label, and the importer raised no questions about that choice. Of the three labels that formed the focus of the allegations, the court decided that one constituted a plainly substantial reproduction of the artist’s work—even though the copied element comprised only a very small segment of the original (Infopaq International...

WaterRower (UK) Ltd v Liking Ltd (t/a Topiom) [2024] EWHC 2806 (IPEC) What are the practical implications of this case? The WaterRower ruling provides a practical touchstone for practitioners seeking to pursue claims that products qualify as works of artistic craftsmanship. Assessing the ‘craftsmanship’ element should remain comparatively straightforward: while CDPA 1988, s 4(1)(c) contains no express definition, the judge relied on Hensher, viewing ‘craftsmanship’ as presupposing particular skill, knowledge and training in producing the work—criteria the WaterRower satisfied. The ‘artistic’ requirement, however, remains as elusive as in Hensher. In addressing this aspect, the court undertook a detailed evaluation of the evidence, placing notable weight on the creator’s intentions at the moment of design. Mr Duke’s motivations were found to be essentially commercial and limited to achieving a business aim: to create a rowing machine with sensory impact. That aim was held insufficient to render the work ‘artistic’, underscoring that the designer’s purpose at inception can be decisive yet will not be met merely by commercial objectives directed at...

What is a television format? A television format is the blueprint or underlying premise for a television programme or a series of programmes, expressed in a distinct manner and usually built around signature elements (for example, music, branding, or a specific setting) that are replicated in each episode. Within the unscripted arena, game show formats are especially prevalent, while partially scripted reality series such as ‘Love Island’ and ‘Big Brother’ demonstrate how successful formats can be exploited in the UK and also tailored for use in international markets. ‘Downton Abbey’ exemplifies a successful scripted series, founded on an original format developed by Julian Fellowes. Fresh television formats can also arise where the characters, plots, and environments of an existing work are transformed so extensively that a new, original format is created. Notable instances include the US series ‘Elementary’ and the UK’s ‘Sherlock’, both of which diverge substantially from Arthur Conan Doyle’s Sherlock Holmes. Format rights carry significant commercial and creative importance in the UK and abroad and can...

The Red Bus case, Temple Island Collections v New English Teas, was determined in what was then the Patents County Court (PCC) in January 2012, and it engages with the scope and reach of photographic copyright. The judgment has been the focus of considerable discussion, alongside a degree of criticism, in particular, because it appears to call into doubt a cardinal proposition of copyright law: that there is no copyright in an idea. Temple Island therefore squarely addresses the ambit of copyright protection. Although the PCC (now known as the Intellectual Property Enterprise Court) was an 'inferior' forum whose decisions carried no binding force on higher courts, copyright disputes that proceed all the way to a full trial are comparatively uncommon, and for that reason this case has been notably influential. Factual background Temple Island Collections (TIC) specialises in the design, manufacture and supply of souvenir gift items bearing a British theme. In 2010, TIC commenced copyright infringement proceedings in the PCC against New English Teas (NET). NET...

This Practice Note explores whether music compilations can attract copyright as databases. At its core, the enquiry is whether the compilation’s contents reflect the author’s own intellectual creation (explained in more detail below). Copyright subsistence in a database (often termed database copyright) is separate from the sui generis database right, which is also addressed in this Practice Note. The sui generis database right concerns legal protection for databases of any kind and stems from the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032. Whether a sui generis database right exists does not settle if copyright also subsists in the same database, and vice versa. A database may benefit from one, both, or neither right. Court of Justice judgments This Practice Note cites rulings of the Court of Justice. For guidance on whether decisions of the Court of Justice bind UK courts, see Practice Note: Assimilated law—Assimilated case law. Categorisation of copyright works Copyright is the exclusive right to do, and to authorise others...

Definitions and interpretation This Agreement between the Company and the Artist sets out key terms, including defined periods (Publicity, Recording, Pre-production, Shooting, Post-production), fees (Weekly Rate, Daily Rate, Guaranteed Payment, Use Fees), and rights (copyright, Performers’ Property Rights, Rental Right). Time is of the essence; singular includes plural; references to statutes include amendments. The Services mean the Artist’s exclusive professional contribution worldwide across the Production Schedule. The Company may shift dates within the Production Schedule, extend the Shooting Period for industry holidays, and require publicity, rehearsal, filming, recording and post-synchronisation. The Artist assigns all relevant rights in the product of the Services to the Company for worldwide exploitation, waives moral rights where permitted, and agrees to dubbing provisions. Payment structures, expenses, VAT, and independent contractor status are specified, alongside warranties on originality, health, conduct and availability. Conditions precedent, suspension and termination rights, distribution control, screen and advertising credit parameters, accounting, insurance, equitable relief, nudity and hazardous work protocols, and no obligation or reversion clauses are included. Notices, severability, assignment,...