© Copyright Acquisition International 2026 - All Rights Reserved.

Article Image - Copyright Litigation- UK Trends
Posted 20th November 2015

Copyright Litigation- UK Trends

Ashfords is recognised nationally as a leading provider of legal and related professional services. Tom Phipps talks us through trends in the copyright litigation sector.

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

Copyright Litigation- UK Trends
Image

Ashfords is recognised nationally as a leading provider of legal and related professional services. Tom Phipps talks us through trends in the copyright litigation sector.

Of all intellectual property rights, copyright is arguably the most all-pervasive. In the digital age copyright has reasserted that position; web content, software and digital content delivery such as streaming all depend on copyright for licensing and enforcement purposes. However, copyright litigation has always been regarded as high risk; copyright is not a registered right like trade marks or patents and ownership can be notoriously difficult to track and establish (anyone who has ever been involved in trying to identify who owns the rights to seminal rock album covers will testify to this!). In turn, copyright is technical and difficult; try, for example, applying the transitional provisions relating to photographs governing the various changes introduced by the Copyright Designs and Patents Act 1988 (CDPA) to the Copyright Act 1956 regime.

Such is the importance and influence of copyright in a world in which methods of delivering content has exploded in a way few could have imagined even 20 years ago that the need to litigate can be compelling and unavoidable. In the UK, the emergence of the Intellectual Property Enterprise Court (IPEC) has helped to provide a forum for disputes to be dealt with relatively speedily and, at least by comparison with the High Court, cheaply.

IPEC, of course, used to be the Patents County Court (PCC). Established in 1990, the PCC was conceived as a means of providing access to the Courts in cases which otherwise might be priced out. Originally a patent Court, its jurisdiction was extended to the full range of intellectual property rights, and copyright cases can now be heard by a specialist intellectual property Judge sitting in IPEC. Now technically part of the High Court, it has its own procedural and other rules.

What are the key features of copyright litigation in IPEC? Like the County Court, IPEC can allocate cases to a Fast- or Multi-Track. In Fast-Track cases, the maximum damages award is £10000 and legal costs recovery is very limited, but the option is there for the straightforward case with a limited number of issues to determine. The Multi-Track (where the damages/financial remedy limit is £500000) is, for many rights-holders, a means of seeking justice in a tightly-controlled process but which still offers scope for a full trial and more generous legal costs recovery (up to £50000 plus £25000 on an account of profits procedure).   Generally, trials should not last more than 2 days.

In terms of remedies, although damages and costs recovery are limited as above, equitable remedies (such as injunctions, including, in Multi-Track cases, interim Search and Freezing Orders) are all available from IPEC.

The recoverable costs limitation does in itself help to impose some discipline on how the proceedings are conducted; in practice minds tend to be focused on the key issues rather than peripheral points.

To give a flavour of the kind of cases IPEC has been hearing recently, the following demonstrate their wide range and reflect the suitability of IPEC for resolving copyright disputes.  Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd and Another  [2015] was a dispute about copyright in images of loft conversions. Both parties were involved in such conversions, and Artisan had reproduced Absolute’s photographs on its website. Absolute was awarded £300 compensatory damages and a further £6000 under art.13(1) of Directive 2004/48/EC (the Enforcement Directive). In Atelier Eighty Two v Kilnworx Climbing Centre CIC and Others [2015], IPEC reasserted the principle established in Robin Ray v Classic FM plc [1998] that, as Kilnworx had commissioned an agency to design logos for their use, it had an equitable entitlement to them. Minder Music Limited and Another v Sharples  [2015] concerned the song Touch Sensitive recorded by The Fall and released in 1999. The Claimants asserted that the copyright in the song was owned by Mark Smith (the lead singer) and Julia Adamson (former band member). Sharples, the producer of the song, claimed that he had also contributed as a writer. On the evidence, the Court found that Sharples had made a significant and original contribution to the music of the song entitling him to a 20% share of the copyright.

Obviously, the High Court remains the forum of choice for the right case. If an issue merits it and budgets allow, there can be no substitute for the unlimited trial time available for a case to be examined forensically by a Chancery Judge. The Judgment of Blackburne J at first instance in the Whiter Shade of Pale case (Fisher v Brooker & Anor [2006]) is instructive; the enthusiasm of the Judge for the subject-matter is evident from his examination and decompilation of the song and identification of the importance of its baroque organ solo in awarding its composer a 40% share of the copyright in the entire work. Such an analysis resulted from a lengthy trial with a substantial number of witnesses and few limits on the evidence and argument offered for judicial scrutiny; that would not have been procedurally achievable in IPEC. More recently, in IT Human Resources Plc v Land [2014] the Defendant, a director of the claimant company, provided software to another company while still with the Claimant. The Claimant sued, claiming copyright infringement and breach of fiduciary duty. The Chancery Division found for the Claimant and ordered an inquiry or account of profits.

Copyright litigation is alive and well in the UK. The availability of a choice of forum depending on the complexity and breadth of the issues makes civil justice more accessible and the enforcement of rights arguably more available for the less well-resourced rights-holder than otherwise might be the case.

 

Categories: Leadership


You Might Also Like
Read Full PostRead - Eye Icon
First Boundaries, Then Borders: Why Limits Are Your Friend When It Comes to Global Expansion
News
15/04/2026First Boundaries, Then Borders: Why Limits Are Your Friend When It Comes to Global Expansion

Organisational alignment can be an illusion of proximity, rather than an artefact of design. Within a single market, shared context and informal reinforcement create consistency in practice.

Read Full PostRead - Eye Icon
AI And Business Process Automation: Streamlining Operations For Efficiency
News
23/10/2023AI And Business Process Automation: Streamlining Operations For Efficiency

AI And Business Process Automation: Streamlining Operations For Efficiency In today’s fast-paced business world, companies of all sizes are seeking innovative solutions to streamline their processes and increase efficiency. One of the most promising tech

Read Full PostRead - Eye Icon
Long-Term Financing for Business Expansion
News
31/08/2023Long-Term Financing for Business Expansion

When growing a business, having the right financial resources is essential. Long-term financing is like having a steady ship to sail the vast seas of expansion. One such option that can provide stability and flexibility is a Term Loan. The article will dive de

Read Full PostRead - Eye Icon
Under the patronage of the Central Bank of Nigeria Pio-Tech sponsors Finnovex West Africa summit
Leadership
31/10/2019Under the patronage of the Central Bank of Nigeria Pio-Tech sponsors Finnovex West Africa summit

Pio-Tech, the leading provider of Banking Business Intelligence and Performance Management Solutions in the Middle East and Africa Regions, served as the Silver Sponsor of the leading summit on Financial Services Innovation and Excellence “Finnovex West Afri

Read Full PostRead - Eye Icon
Think Strategic a School of Thought: Part Two
Strategy
02/05/2026Think Strategic a School of Thought: Part Two

A consultancy name Think Strategic a popular two word that often appear as titles of textbooks, article either academic or business. There are numerous materials written by authors on Think Strategic although there seem to be a silent crisis happening when the

Read Full PostRead - Eye Icon
Orrick Advises Shareholders in Sale of Slovakian Telecoms Provider Benestra
Finance
26/05/2016Orrick Advises Shareholders in Sale of Slovakian Telecoms Provider Benestra

Orrick has advised a consortium of international private equity firms, including Bessemer Venture Partners, Columbia Capital, HarbourVest Partners, Innova Capital, MC Partners and Oak Investment Partners, in the sale of Slovakian telecommunications provider Be

Read Full PostRead - Eye Icon
Cities of Tomorrow: What Will the Future Look Like?
Innovation
06/05/2015Cities of Tomorrow: What Will the Future Look Like?

How to secure data privacy and make urban spaces more user-friendly for residents will be two of the top priorities that shape tomorrow's cities.

Read Full PostRead - Eye Icon
How to Run Successful Linked In Ad Campaigns
News
29/11/2022How to Run Successful Linked In Ad Campaigns

LinkedIn has established its presence in the professional world. The platform has over 750 million users globally. The purpose of LinkedIn is to serve as a professional network for business-minded people. In addition, many LinkedIn users are decision-makers in

Read Full PostRead - Eye Icon
Wind Turbine Composites Material Market Worth $5.5 Billion by 2020
Finance
06/03/2015Wind Turbine Composites Material Market Worth $5.5 Billion by 2020

New report defines and segments the global composite market for wind turbine with an analysis and forecast of its global volume and value.



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have a number of unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow