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25 April 2013
Issue: 7557 / Categories: Legal News
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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
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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