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Paul Herbert
 

Influencer advertising - is it worth it?

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This article first appeared in CWB . Influencer advertising is an increasingly common component of brands’ marketing strategies. Its inherent effectiveness is that it is seen as a more “natural” form of marketing and can allow brands...

Can you copyright a new dish?

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A version of this article first appeared in Big Hospitality . Chefs like to lay claim to having created certain dishes, but is it possible for them to copyright a dish to stop their peers from reproducing it? The short answer is no. Recipes are an...

An "especially flagrant contravention"

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An “especially flagrant contravention”, was the verdict of the Information Commissioner’s Office resulting in its decision to fine Newham Borough Council a total of £145,000 for its breach of the Data Protection Act 1998. This is a...

Online Harms White Paper - a daunting new world for social media sites

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This 98 page tome has provided a welcome distraction from Brexit. The proposals are, by the Government’s own admission, eye-catching: “The measures outlined in this White Paper are novel and ambitious, with potentially far-reaching effects...

CNIL and Google: GDPR Showdown

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(Note: This article is based on an unofficial translation of CNIL’s judgement, so apologies for any errors or misunderstandings arising from this.) Introduction On 21 January 2019 the Commission Nationale de l’informatique et des...

The Realities behind the Iceland Christmas Ad

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A version of this article appeared in The Times . “Iceland Christmas Ad: Petition to show it on TV hits 670k” is one of many recent headlines reporting Iceland’s failure to secure clearance for the broadcast of its Christmas...

Notable recent decisions from the Information Commissioner's Office

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We report on two notable recent decisions from the Information Commissioner’s Office, one pre and the other post, GDPR. 1.Facebook/Cambridge Analytica “Facebook to appeal over record £500,000 fine for data breaches” ran this...

The potential impact of Brexit on the UK's broadcasting industry

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This article was first published on Lexis®PSL TMT on 26 September 2018. Click for a free trial of Lexis®PSL . How has membership of the EU benefited the industry? First...

No-deal Brexit - a data dilemma

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With the UK due to leave the EU on 29 March 2019 and no deal having yet been made, there is increasing concern over the possible impact of a ‘No-Deal’. Following MPs’ rejection of Theresa May’s proposed deal, she appears to be...

Privacy concerns in a digital age: the Facebook-Cambridge Analytica scandal

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In a global age of technology, we are using more online platforms to assist with many aspects of our everyday lives, whether for ordering our weekly grocery shop online, or taking advantage of social media to interact and share our lives with other online...

The Audiovisual Media Services Directive - a "potential loophole" exposed by a recent decision of the European Court of Justice (Peugeot Deutschland GmbH v Deutsche Umwelthilfe sV Case C-132/17)

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In the recent case of Peugeot Deutschland GmbH v Deutsche Umwelthilfe, the European Court of Justice gave a preliminary ruling concerning the interpretation and scope of the Audiovisual Media Services Directive (2010/13/EU) (“the...

Implications of Brexit on the UK's AV Sector

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Whilst there is a large amount of uncertainty surrounding Brexit, it is possible to look at some of the more obvious implications of Brexit for the Audiovisual (“AV”) sector. We also look at current EU developments which are to be implemented in...

The dangers of informality in contractual dealings

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An essential element of contract formation is that the contracting parties make an agreement with the unequivocal intention to create a legally binding arrangement as opposed to a frivolous promise that is not intended to be kept. But just how interpretive...

Non-Variation Clauses: actions speak louder than words

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Non-variation clauses are an evergreen boilerplate provision found in commercial contracts. They typically provide that a binding variation of a contract is generally limited to certain prescribed circumstances, most likely for the variation to be formalised...

Contra proferentem: when to exclude an exclusion cause

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The contra proferentem rule broadly states that where there is doubt about the meaning of a contract, the words will be construed against the party who put them forward. This is because a party who imposes terms on another must make those terms clear and...

Driverless cars: the legal issues

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The UK Government is committed to becoming a world leader in the development of automated vehicles. However, the lack of a legal framework which is able to sufficiently address issues associated with the use of this technology continues to be both a cause of...

Draft e-Privacy Regulation published by EU Commission

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On 10 January 2017, the European Commission presented its formal proposals for a new ePrivacy Regulation. These represent an overhaul of privacy rules relating to direct marketing, cookies and similar technologies, and other forms of online monitoring. The...

Guide to the General Data Protection Regulation (GDPR)

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The General Data Protection Regulation (GDPR) represents the new legal framework of data protection law across the EU and is due to come into force on the 25 May 2018. The GDPR will supersede the Data Protection Directive (DPD), which has governed EU data...

EC Proposals for a directive on copyright in the digital single market

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Implications for book publishers Context “The evolution of digital technologies has changed the way works… are created, produced, distributed and exploited… even though the objectives and...

High Court rules member's profit share can be subject to forfeiture (Hosking v Marathon Asset Management LLP [2016] EWHR 2418 (Ch))

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The High Court has ruled that a profit share payable to a member of an LLP was capable of being subject to forfeiture where the member was found to have breached his fiduciary duties to the LLP. Facts The Claimant, Jeremy...

Karen Millen loses name game, again.

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Karen Millen has lost yet another legal battle, in this case to use her own name on clothing and household goods in China and the US. In Karen Denise Millen v Karen Millen Fashions Limited and Others [1] , the judge found that the use of...

High Court rules software = goods in commercial agency relationship

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The question of whether software constitutes goods or services has always been problematic. The answer can determine if and when certain terms are implied into a commercial contract, which in turn may have significant financial consequences for the...

Brexit - An impact analysis for businesses

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Timescale If Article 50 is invoked, the UK will have a 2 year window to negotiate terms of its departure from the EU. This can only be extended with the unanimous consent of all Member States. ...

BBC Independence; a contradiction in terms?

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The much anticipated BBC White Paper, published this month, heralds fundamental changes. On the basis that almost £5 billion of our annual revenue (including £3.7 billion from the licence fee) goes into funding the BBC’s activities,...

Data protection: EU-US Privacy Shield update

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Background This article provides an update on the new EU-US Privacy Shield agreement (click here for our earlier piece on this subject) as well as a summary of the EU General Data Protection Regulation. To recap,...

Getting the message out - political broadcasting in the UK

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This is an extract of an interview given by Paul Herbert, Partner at Goodman Derrick to Giverny Tattersfield for a Lexis Nexis publication. What are the rules around political broadcasting? There is a long-standing ban...

Digital Single Market Strategy

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In May 2015, the EU Commission announced its Digital Single Market Strategy for Europe, highlighting a number of initiatives which supported the Commission’s aim to create a connected digital single market and to encourage e-commerce throughout the EU....

Discovery's Olympic Games Bid

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What are the terms of the agreement between the International Olympic Committee (IOC) and Discovery? From what we can glean from the IOC’s announcement on June 29 2015, the IOC has entered into an agreement with Discovery...

Council of the European Union progress on new Data Protection Regulation

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On 15 June 2015 the Council of the European Union released their general approach on the draft Data Protection Regulation. This follows the European Commission and the European Parliament’s proposals which were published in 2012 and 2014 respectively....

Legal Update: Vidal-Hall and Others v Google Inc

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Last month, the Court of Appeal handed down judgment in Vidal-Hall and Others v Google . The appeal was only on preliminary issues and it looks like there will be a subsequent appeal before the substantive matter reaches trial. However, this decision...

Privatise BBC Three? - I don't believe it

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This article was first published on Lexis®PSL IP & IT on 28 January 2015. Could private bidders buy a chunk of the BBC and stop BBC Three from becoming an internet-only channel? Paul Herbert, head of media, technology and communications at Goodman...

Intellectual Property Act 2014: A Summary of the Key Provisions

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The Intellectual Property Act 2014 (IPA 2014) came into force on 1 October 2014. It aims to modernise copyright law and help designers and patent-holders protect their IP. It is hoped that the changes will support business innovation and bring clarity to the...

US - Style retransmission fees to hit the UK?

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Is the current UK broadcasting framework – in which public service broadcasters are carried by cable and satellite service providers for no payment – overdue for an overhaul? ITV and Channel 4 maintain that they should be permitted to levy...

US Supreme Court rules in Aereo TV Copyright Case

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US broadcasters have won an important battle in their efforts to prevent an unlicensed service from providing online real-time streaming of their broadcasts. The Facts On 25 June 2014, the US Supreme Court delivered a...

Copyright: Hyperlinking And The Right Of Communication To The Public

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Svensson and others v Retriever Sverige AB Overview Linking is the practice of posting clickable links on the internet which lead to content posted elsewhere. Under s20 of the Copyright, Designs and...

Consumer Protection Strengthened Against Misleading or Aggressive Trading Practices

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On 06 August 2013 the Department for Business, Innovation and Skills (BIS) published the Draft Consumer Protection from Unfair Trading (Amendment) Regulations 2013 (the “Draft Regulations”) for scrutiny. According to BIS, unfair consumer...

Flower Power: High Court Rules that Marks & Spencer did Infringe Interflora's Trade Mark

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The High Court has handed down judgment in the long-running case of Interflora Inc v Marks and Spencer plc [2013] EWHC 1291 (Ch), May 2013. The case concerned the unauthorised use of third-party trade marks as advertising keywords through Google’s...

Data Protection: A Computer Never Forgets!

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The EU is currently in negotiation with Member States over a General Data Protection Regulation, which would have the intention of rebalancing the relationship between the individual and the internet and which includes an initiative to enable anyone to...

Press Regulation and Exemplary Damages

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The Regulator A regulator will be established by Royal Charter (a formal document granted by the Queen, on the advice of ministers, used to establish the terms of a body). In order to placate those who were seeking a true statutory...

Hargreaves: Changes to Protection of Copyright Protected Works

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In its response, the Government state that the current copyright legislation appears to hinder the reasonable use of copyright protected works and is outdated in the digital age. The Government therefore intends to change the current system to allow certain...

Ofcom decision on Fit and Proper Assessment of Sky

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Last week Ofcom published its decision that British Sky Broadcasting Limited (‘Sky’) remains a fit and proper person to hold a broadcasting licence. This decision follows an assessment carried out in the light of phone hacking activities...