Byline Banditry: A Call to Reform – Jonathan McCully

23 07 2013

BanditOn the 24th of June 2013, freelance journalist Sheron Boyle wrote a piece for the PressGazette detailing her concerns about a worrying practice which has become increasingly more prevalent in the newspaper industry; “byline banditry.” This is when a freelance journalist sells their first rights of publication to a paper, only to find after publication that their work is being accredited to the staffer for whom the freelancer had written the piece. Read the rest of this entry »





Ten ways in which copyright engages freedom of expression, Part 2: Sliders six to ten – Graham Smith

4 05 2013

CopyrightThis is the second part of a two part post discussing the relationship between Copyright and Freedom of Expression. Part 1 was published on Inforrm on 2 May 2012. Read the rest of this entry »





Ten ways in which copyright engages freedom of expression, Part 1, Sliders one to five – Graham Smith

2 05 2013

CopyrightThe recent Donald Ashby (sub nom Ashby Donalddecision of the European Court of Human Rights has revived interest in the relationship between copyright and freedom of expression. The litigation arose because two of the defendant photographers had put on their US website pictures taken by the third at the Paris fashion shows. Read the rest of this entry »





Does copyright control browsing? Meltwater in the UK Supreme Court – Graham Smith

28 04 2013

nla1Back in July 2011 I commented on the Court of Appeal judgment in Newspaper Licensing Agency v Meltwater ([2011] EWCA Civ 890) and explained how the reach of digital copyright had accidentally been increased beyond that in the offline world.  That was as a result of accepting that transient and temporary copies created in computer memory count as copies for copyright purposes.  Read the rest of this entry »





Case Law, Court of Human Rights, The Pirate Bay v. Sweden, Copyright versus Freedom of Expression II – Dirk Voorhoof and Inger Høedt-Rasmussen,

22 03 2013

the-pirate-bay-logoOnly a few weeks after the Strasbourg Court’s judgment in the case of Ashby Donald and others v. France (ECtHR 10 January 2013, see our Inforrm post here) the Court of has decided a new case of conflicting rights between copyright and freedom of expression. The case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12 concerned the complaint by two of the co-founders of “The Pirate Bay”, that their conviction for complicity to commit crimes in violation of the Copyright Act had breached their freedom of expression and information.

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Case Law, Court of Human Rights, Ashby Donald v France, Copyright versus Freedom Expression – Dirk Voorhoof and Inger Høedt-Rasmussen

26 01 2013

catwalk (1)In the case of Ashby Donald and others v France (Judgment of 10 January 2013) the Court of Human Rights has, for the first time in a judgment on the merits, clarified that a conviction based on copyright law for illegally reproducing or publicly communicating copyright protected material can be regarded as an interference with the right of freedom of expression and information under Article 10 of the European Convention. Such interference must be in accordance with the three conditions enshrined in the second paragraph of Article 10 of the Convention. Read the rest of this entry »