Nick Swimer

Nick Swimer

Reed Smith

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Still laughing? The CJEU hands down final judgment in Deckmyn parody case

Following on from the Advocate General’s opinion in the case of Johan Deckmyn [C-201/13], the Court of Justice of the European Union (CJEU) handed down its full judgment in the case on 3rd September 2014. The ruling confirms...more

9/9/2014 - CJEU EU Parody

What’s in a joke? Advocate General opinion finds parody to be an autonomous concept of EU law

Advocate General Cruz Villalon released his eagerly awaited opinion on 22 May 2014, in the case of Johan Deckmyn [C-201/13]. The opinion confirms that “parody” is an autonomous concept of EU law and that to qualify as a...more

6/6/2014 - CJEU Copyright EU Parody

EU makes waves by casting the net of neutrality

On Thursday 3 April 2014, the European Parliament voted to adopt net neutrality. The principle of net neutrality is that all data on the internet is to be treated equally, regardless of platform, application, source or user....more

4/9/2014 - Data Protection EU EU Data Protection Laws Internet Net Neutrality

House of Lords Select Committee proposals for a new media plurality regime – Is it time for Ofcom to take centre stage?

Executive Summary - The House of Lords Select Committee on Communications (the Select Committee) published its report on media plurality (the Report) on 4 February 2014. The Select Committee proposes a framework that...more

3/24/2014 - Media Telecommunications UK

Ofcom, ASA and BCAP: The Review of Rules to Protect Children from Alcohol Advertising on TV

On 17 December 2013, Ofcom published an exchange of letters between its Chief Executive, Ed Richards, Chief Executive of the Advertising Standards Authority (ASA), Guy Parker, and Chairman of the Broadcast Committee of...more

12/23/2013 - Advertising Advertising Standards Authority Television Commercials Television Programming Wine & Alcohol

Online streaming of free-to-air TV channels: Why the approach taken by the European Court of Justice and UK High Court in the...

While in the UK the law in relation to the live streaming of free-to-view television channels has been resolved, following the reference to the CJEU and the High Court decision in the TVCatchUp (TVC) litigation, in favour of...more

11/29/2013 - Aereo CJEU Copyright FilmOn X Infringement Internet Streaming Licenses Networks Public Performance Rights Television Programming The Copyright Act TVCatchUp

Ofcom upholds Playboy TV and Demand Adult appeal that its services do not fall within ATVOD’s jurisdiction

Ofcom upheld an appeal from Playboy TV UK and Benelux Limited (collectively the "Appellant") following a decision by the Authority for Television on Demand (ATVOD) that Playboy TV and Demand Adult (collectively the "Online...more

10/18/2013 - Canada Choice-of-Law Internet Streaming Jurisdiction Playboy Television Programming UK

Is this the beginning of the end for TVCatchUp and section 73 CDPA?

Following the Court of Justice of the European Union’s (“CJEU”) judgment on 7 March 2013, in which it confirmed that TVCatchUp’s streaming service, which live streams all of the channels broadcast by ITV, Channel 4 and...more

10/14/2013 - Broadcasting Copyright Copyright Designs and Patents Act EU European Court of Justice Infringement Internet Streaming Television Broadcast Stations TVCatchUp

High Court confirms that operators of a live sports indexing website infringe FAPL’s copyright

Following high-profile injunctions awarded last year against the major ISPs requiring them to block access to peer-to-peer (P2P) file sharing sites Newzbin2 and The Pirate Bay, in a new site blocking decision delivered on 16...more

8/6/2013 - Copyright Copyright Infringement ISPs Piracy Pirate Bay Sports Websites

Google Adwords: Use of competitors' keywords is okay... sometimes.

On 21 May 2013, Mr Justice Arnold delivered a detailed judgement in the Interflora v Marks and Spencer case on trade mark infringement as it relates to keyword advertising....more

6/3/2013 - Advertising Google Infringement Keyword Advertising Trademarks

Copyright remedies: High Court rejects application for proprietary relief

Does a copyright owner have a proprietary claim to property purchased from the proceeds of an infringement of copyright? On 5 February 2013, Mr Justice Newey delivered a detailed judgment in the High Court that provides a...more

5/1/2013 - Copyright Copyright Infringement Remedies

CJEU protects the UK broadcasters from unauthorised live streaming in its recent decision in relation to TV Catchup service

On 7 March 2013, the Court of Justice of the European Union (CJEU) delivered a surprisingly short and succinct judgment following a reference from the UK High Court regarding the legality of an internet live streaming site...more

3/14/2013 - CJEU Copyright EU Infringement Internet Streaming Television Programming

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