© 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
Is Your Retail Job Safe? What AI and ChatGPT Mean for the Retail Industry
Innovation
01/03/2023Is Your Retail Job Safe? What AI and ChatGPT Mean for the Retail Industry

ChatGPT, the new AI-powered chatbot, is set to revolutionise the way we work. The chatbot uses natural language processing (NLP) to generate high-quality, human-like responses upon user request, making it one of the most innovative and influential AI systems t

Read Full PostRead - Eye Icon
Low Transmission Fluid Pressure: A Hidden Post-Collision Risk for Businesses
Legal
27/01/2026Low Transmission Fluid Pressure: A Hidden Post-Collision Risk for Businesses

For many businesses, vehicle reliability is directly tied to operational continuity, cost control, and risk exposure. Transmission failures are often categorised as routine mechanical wear, particularly when they occur sometime after a collision. However, many

Read Full PostRead - Eye Icon
7 Pre-Employment Assessment Platforms Built for Manufacturing Hiring
Strategy
15/09/20267 Pre-Employment Assessment Platforms Built for Manufacturing Hiring

A machine operator who cannot read a blueprint will not tell you that in an interview. Neither will the assembler who rushes past a quality check, or the maintenance hire who guesses at a fault instead of diagnosing it. You find out later, in scrap, in downtim

Read Full PostRead - Eye Icon
Chargeback Fraud Detection: 3 Methods To Reduce Disputes and Chargeback Costs
News
24/02/2023Chargeback Fraud Detection: 3 Methods To Reduce Disputes and Chargeback Costs

Do you know that for every $1 lost to chargebacks, stakeholders lose $4.23 on average? Little wonder eCommerce businesses dread chargebacks; it is not only costly, it is time-consuming.

Read Full PostRead - Eye Icon
A Guide to the UK Conveyancing Process for International Business Leaders Acquiring Property
Legal
31/07/2026A Guide to the UK Conveyancing Process for International Business Leaders Acquiring Property

The UK conveyancing process for international business leaders acquiring commercial or high-value residential property requires meticulous attention to cross-border regulations, tax liabilities, and corporate structuring. The process typically takes 8 to 12 we

Read Full PostRead - Eye Icon
Autonomous Technology Can Mitigate the Business Impact of the Coronavirus
Innovation
12/03/2020Autonomous Technology Can Mitigate the Business Impact of the Coronavirus

The coronavirus has exposed the soft underbelly of critical infrastructure and industrial sites worldwide – workforce availability. As more and more companies implement business continuity plans to deal with the outbreak, fewer and fewer employees are able t

Read Full PostRead - Eye Icon
Serry Law Office
Legal
22/05/2015Serry Law Office

Serry Law Office was established in 1937 and has been offering corporate and real estate legal services in the Arab Republic of Egypt for many of the leading national and multinational companies.

Read Full PostRead - Eye Icon
YFM Equity Partners announces £60m first close of its Buy-Out Fund II
Finance
12/06/2019YFM Equity Partners announces £60m first close of its Buy-Out Fund II

YFM Equity Partners (YFM) announces the first close of its Buy-Out-Fund II with £60m of investment committed. This follows the £45m raised for its Buy-Out Fund I, which had a final close in April 2017. Only two years later, and following the recent investmen

Read Full PostRead - Eye Icon
Payday Advance & Payday Loan Difference
Finance
07/02/2022Payday Advance & Payday Loan Difference

Today, almost everyone has probably used payday loans at banks or MFIs offering payday loans online at least once in their life. Financial difficulties periodically arise for any person. Therefore, it is necessary to resort to the help of financial organizatio



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