header-logo header-logo

25 April 2013
Issue: 7557 / Categories: Legal News
printer mail-detail

Browsing not infringement

Supreme Court decision has huge implications for internet use

Internet users can lawfully browse articles online without the authorisation of the copyright holder, the Supreme Court has unanimously ruled in a case with huge implications for internet use.

The court held that users who simply read or view copyright-protected web pages fall within the temporary copying exception of s 28A of the Copyright, Designs and Patents Act 1988, and therefore do not need the permission of the rights holders.

It has referred the case to the European Court of Justice so the issue can be clarified across the EU.

Lord Sumption, giving the lead judgment, rejected the Newspaper Licensing Agency’s (NLA) argument that a copyright license is required because a temporary copy is made on the computer’s cache and screen as part of the technological process when browsing, in Public Relations Consultants Association [PRCA] v NLA [2013] UKSC 18. He also rejected the NLA’s argument that rights holders could be exposed to piracy, as effective remedies exist.

The decision overturns earlier rulings by the Court of Appeal and the High Court.

Lord Sumption said accepting the NLA’s arguments would lead to “an unacceptable result, which would make infringers of many millions of ordinary users of the internet across the EU who use browsers and search engines for private as well as commercial purposes”.

Michael Hart, Baker & McKenzie’s London Head of IP, who acted for the PRCA, said he believed the court’s reasoning was “absolutely right in ensuring that acts of end users which were perfectly lawful in the analogue world remain lawful in the digital world. Any other decision would have severely restricted perfectly reasonable consumer internet use”.

David Pugh, managing director of the NLA, said: “We will now await the European Court of Justice’s judgment on this matter—which may take some time regardless of the final outcome.”
 

Issue: 7557 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll