Stephen Edwards

Stephen Edwards

Reed Smith

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Latest Publications


ITV & Others v TVCatchup – Advocate General’s opinion makes light work of Court of Appeal’s uncertainty as to the meaning of...

In the previous installment of this dispute, the UK Court of Appeal (CA) referred questions to the Court of Justice of the European Union (CJEU) on the meaning of the expression ‘access to cable of broadcasting services’ used...more

9/20/2016 - Appeals Broadcasting CJEU Copyright Copyright Designs and Patents Act Copyright Infringement Copyright Litigation EU Intellectual Property Litigation Internet Internet Streaming Member State Television Broadcast Stations TVCatchUp UK

Re-writing the copyright rulebook: analysing the European Commission’s copyright reform proposals

More than a year after the Commission announced its Digital Single Market (DSM) Strategy, the Commission continues to press ahead in delivering concrete proposals. The latest – and arguably most significant yet – are its...more

9/19/2016 - Broadcasting Copyright Corporate Counsel Digital Single Market E-Commerce EU European Commission Exceptions Internet Service Providers (ISPs) Member State Publishing Copyrights Remuneration UK UK Brexit Young Lawyers

Updating the AVMS Directive: making VoD services pay?

Our latest client alert on the European Commission’s Digital Single Market strategy sets out some of the key aspects of the most recent proposal from the Commission relating to the Audiovisual Media Services Directive and...more

6/22/2016 - Digital Media Digital Single Market EU European Commission Hate Speech Member State On-Demand Services Online Videos Quotas YouTube

Implementation of the CRM Directive – What does it mean for music users?

In 2014, the new Directive concerning the collective management of copyright was introduced. The Directive sought to overhaul the law regulating collecting societies and other rights management organisations in Europe. Since...more

3/17/2016 - CMOs Copyright EU IP License Licensing Rights Music Industry Music Streaming Royalties UK UK Intellectual Property Office

Ofcom publishes new media plurality measurement framework advice

What is media plurality? Media plurality is defined by Ofcom as: ..Ensuring that there is diversity in the viewpoints that are available and consumed across and within media enterprises ..Preventing any one media...more

11/12/2015 - Diversity Internet Newspapers OFCOM Radio Stations Television Programming UK

The European digital single market: where are we now?

It has been a busy few months for the European Commission. When the Commission announced its plans for the digital single market (DSM) on 6 May, many commentators and stakeholders felt that it provided more questions than...more

10/21/2015 - Cloud Computing Competition Consultation Periods Copyright Country of Origin Digital Single Market Duty of Care E-Commerce EU European Commission Geo-Blocking Intellectual Property Protection Intermediaries Licensing Rights Online Platforms Portability Sharing Economy Television Service Providers User-Generated Content

Public Service Broadcasting in the UK: Ofcom’s third review

Ofcom published its third review of public service television broadcasting on Wednesday, 2 July. Ofcom is required to review the performance of public service broadcasters periodically. Its last review was published in 2009....more

7/9/2015 - Advertising BBC Broadcasting OFCOM Public Broadcasting Television Programming UK

The European Commission’s digital single market strategy: Challenges ahead for the media industries

After being elected as President of the European Commission (EC) in June last year, Jean-Claude Juncker made the realisation of a European ‘digital single market’ (DSM) a top priority. The EC’s much-anticipated white paper...more

5/8/2015 - Digital Single Market EU European Commission

ITV & Others v TVCatchUp: In the latest instalment in this long running dispute, the UK courts have again referred this case to...

TVC operates an internet-based live stream service, carrying a number of broadcasters’ channels. ITV, Channel 4 and Channel 5 issued proceedings against TVC in relation to the unauthorised transmission of both their public...more

4/1/2015 - Broadcasting Copyright Copyright Designs and Patents Act Copyright Infringement Copyright Litigation EU Intellectual Property Litigation Internet Internet Streaming Television Broadcast Stations UK

Crowded Skies: Opportunities and Challenges in an Era of Drones

In this paper: - Advertising & Promotion - Aviation - Regulatory - Copyright (EU) - Employment and Labor - Export Controls - Film and Television (UK) - Film & Television...more

3/31/2015 - Advertising Aircraft Airspace Commercial Use Copyright Drones Export Controls Exports Federal Aviation Administration (FAA) Film Industry Insurance Industry Music Industry Privacy Laws Unmanned Aircraft Systems

Home or Away: The CJEU confirms that foreign online infringers can be sued in your local court

Your copyright is being infringed by an online company based outside the UK and you want to take action. Your first reaction may be to ask for local lawyer recommendations in the jurisdiction where the company is based, but...more

2/20/2015 - Copyright Copyright Infringement EU European Court of Justice (ECJ) Forum Shopping Intellectual Property Litigation Internet Jurisdiction Photographs UK

The New Private Copying Exception: The UK Music Industry Wants to be Paid for It

Three UK music industry organisations, the Musician’s Union, the British Academy of Songwriters, Composers and Authors, and UK Music, have recently launched a legal action seeking leave to apply for judicial review of the...more

12/16/2014 - Copyright Copyright Infringement Music Music Industry UK

Searching High and Low: The Licensing of Orphan Works

Subject to a limited number of statutory exceptions, copyright works may be used only with the consent of those who hold the rights in them. Yet in some instances, rights holders cannot be identified or traced, leaving these...more

12/8/2014 - Canadian Intellectual Property Office Copyright Orphan Works UK

Proposed changes to copyright law regarding unpublished works

If you thought that all works by Lord Byron or William Shakespeare would definitely be out of copyright now, you wouldn’t necessarily be right. The general rule of UK copyright law is that copyright in a literary work...more

11/11/2014 - Copyright Copyright Infringement UK

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (3rd Edition)

In this edition: - Introduction - Advertising & Marketing - Brand Protection & Reputational Management - Copyright (EU) - Copyright (U.S.) - Data Privacy & Security -...more

4/24/2014 - Copyright Cybersecurity Data Protection EU FDA Social Media Trademarks UK

Linking to content made freely available does not infringe copyright

In an eagerly awaited ruling handed down on 13 February 2014 the Court of Justice of the EU (CJEU) has decided that the owner of a website may, without the authorisation of the copyright holders, hyperlink to...more

2/17/2014 - Copyright Copyright Infringement EU European Court of Justice (ECJ) Internet

EU Commission to investigate cross-border pay-TV movie services – a new Murphy’s law?

Executive summary - The European Commission has commenced antitrust proceedings against several prominent European pay-TV service providers and major U.S. film studios including Sony Pictures Entertainment,...more

2/4/2014 - Cross-Border EU European Commission Internet Streaming Motion Picture Industry

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 (ECJ) Infringement Internet Streaming Television Broadcast Stations TVCatchUp

Collecting Societies Join Forces to Modernise Music Licensing in Europe

Summary - ..GEMA, PRS for Music, and STIM will collaborate to streamline national and pan-European music licensing and processing ..The collecting societies plan to create a licensing hub containing all their...more

8/29/2013 - EU Licensing Rules Music

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 Internet Service Providers (ISPs) Piracy Pirate Bay Sports Websites

Modernising the exceptions to copyright: the government consults on the draft amendments

Last December in the document Modernising Copyright the government set out its decisions to amend some of the current exceptions to copyright protection and to add some new ones. The Intellectual Property Office has now...more

6/25/2013 - Copyright Covenant of Good Faith and Fair Dealing Deadlines Infringement Parody Proposed Amendments Public Comment Universities

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 - Copyright EU European Court of Justice (ECJ) Infringement Internet Streaming Television Programming

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