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Copyright

Our long-standing experience in the media, technology, communications and electronics sectors contributes to an exceptionally well-rounded understanding of copyright law and the interconnected commercial issues.

We have leading practitioners throughout each of our international jurisdictions, advising a diverse range of clients, which include both traditional and new media companies. We devise copyright protection strategies in relation to literature and artistic works, music, film and TV and much more.

With our unique history in technology and strength in the law relating to the internet; we are at the cutting edge when it comes to online use or new technology.

Our work has included advising high profile literary estates, on copyright enforcement; mobile telephony companies, on copyright advisory structures for downloadable ring tones; and ISPs, on matters relating to user generated content on social networking sites.

We can provide one of the most comprehensive copyright offerings in the world. Our forte in litigation is complimented by an equally strong team of advisory and transactional lawyers, who assist clients in agreements for the licensing, sale or purchase of copyright material.

Heads of Group: Morag Macdonald in London and Christian Harmsen in Düsseldorf.

Recent highlights of work

● We obtained a landmark decision for our major client Belgacom (the Scarlet case) from the European Court of Justice (CJEU). The CJEU ruled that an Internet Service Provider (ISP) cannot be ordered to deploy a generalised filtering system on its network to block the exchange of musical files not authorised by the copyright holders. As part of this work we had to compare copyright law on specific issues in various member states, the spread of our international team was integral to providing a seamless response to Belgacom.

● We are currently defending the online data company, Sportradar, from a database right infringement claim brought by the English and Scottish Football Leagues, which involved the online use of data together with questions of jurisdiction and joint liability.

● Acting for client Vivendi in relation to content copyright issues regarding the setting up of an internet content service for mobiles and other devices. Advising on copyright clearance issues particularly relating to music across Europe through a number of the Bird & Bird’s European offices.

● We advised Ian Fleming Publications on the exploitation of their IP Rights for their James Bond novels, which included advice on film publication rights and publishing rights.