Copying definition

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Planning a digital marketing campaign—checklist

Planning a digital marketing campaign—checklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to...

Intellectual property internal audit template—checklist

Intellectual property internal audit template—checklist In brief A review of a company’s IP assets may be undertaken for several reasons, including—stocktaking, strengthening company assets in the balance sheet and filling in gaps relating to company assets, valuing and exploiting company assets, identifying threats and minimising the risk of litigation, and developing a system of managing and maintaining the IP. This Checklist is designed to identify key considerations which may arise during an audit of IP and accompanies Precedent: Intellectual property internal audit questionnaire. For further information on issues raised by this Checklist, see the following content: • for information on the types of IP a business may own, see Practice Notes: What IP assets a business may own and how best to protect them and IP right comparison table • some IP rights were created as a result of the withdrawal of the UK from the EU—for information about new IP rights created as a consequence of Brexit, see Practice Notes: Trade mark rights before and after Brexit—comparison table and...

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Copyright infringement action—flowchart

Copyright infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme Claim preparation and pre-action matters—Precedents • Cease and desist letter—IP infringement Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Copyright infringement • How to draft a letter of claim in an IP dispute • Unjustified threats of intellectual property right infringement • Civil and criminal remedies for intellectual property...

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Copyright infringement

The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights.Status of EU copyright law in the UKAs of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered a transition or implementation period of 11 months ending on 31 December 2020 (IP completion day), during which it continued to be subject to EU law. EU law introduced, or implemented, after the expiry of this period is not binding on the UK. For pre-existing legislation, the legal position existing immediately before IP completion day was preserved for the purposes of legal continuity, by taking a snapshot of the EU law that applied in the UK at that point and (for the most part) bringing it within the UK’s...

Copyright infringement in the music industry

‘Copyright’ is a property right that subsists in various categories of work:•original literary, dramatic, musical or artistic works•sound recordings, films, broadcasts or cable programmes, and•the typographical arrangement of published editionsCopyright gives the owner of the work the exclusive right to do, and authorise others to do, certain acts in relation to that work. In the UK, copyright works have been formally categorised in the Copyright, Designs and Patents Act 1988 (CDPA 1988).Once a work has been recorded in some manner and provided the work is original, copyright will come into existence. For example, the notes and lyrics of a song will attract copyright protection if they are recorded on paper or electronically. Note that CDPA 1988 does not define originality.It is not necessary for the work to be registered to attract copyright protection.Court of Justice judgmentsThis Practice Note contains references to Court of Justice judgments. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law.Rights of the copyright ownerIn relation...

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Letter of claim—peer-to-peer copyright infringement

Letter of claim—peer-to-peer copyright infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] Copyright infringement: [Name and description of copyright works] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions, which amount to an infringement of our client’s copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is...

Reliance agreement

Reliance agreement This Agreement is made on the [insert date] day of [insert month] 20[insert year] Parties 1 [insert name of party], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Consultant); and 2 [insert name of party], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Beneficiary). Background (A) The Consultant was engaged by [insert name] (Client) to carry out the Services at the Property and prepare the Report[s] (B) The Beneficiary is [insert beneficiary’s connection with the Property] and seeks to rely on the Report[s] The parties agree: 1 [insert details] 2 Definitions and interpretation 2.1 In this Agreement, unless otherwise provided: Report[s] • mean[s] [insert name of environmental report/s] [insert reference] prepared for [insert client name] [insert date] Property • means [insert address] Services • means [insert description of Consultant’s services] 2.2 References to the Consultant and the Beneficiary shall include their respective successors in title....

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When is it lawful to link to other websites?

When is it lawful to link to other websites? Linking and copyright protection Website owners and those using the internet commonly link either to another website's home page or to a page situated away from the home page, deeper into the website. Website pages usually benefit from copyright protection and may be protected by other intellectual property rights. Linking, which creates a copy of a website page on the receiving user's computer when the link is opened, may result in copyright, database right and/or trade mark infringement, passing off and breach of terms and conditions of use of websites. This Q&A deals with legal issues regarding linking to and from websites. There are technical measures such as specialist software available to companies seeking to limit or monitor linking, the details of which are beyond the scope of this note. Potential pitfalls The internet is all about linking and most website owners want you to link to their content. However, certain content-rich business sectors want to prevent other...

What can I do to protect confidential information in the workplace?

What can I do to protect confidential information in the workplace? What counts as confidential information? Confidential information is information that is (i) confidential in nature, and (ii) disclosed in circumstances that give rise to a duty of confidentiality. In many cases it will be obvious that information is confidential, eg a client database or a business strategy. Sometimes it won't be obvious, eg oral communications at a work social event or informal email communications can constitute confidential information. Therefore, it is vital to: • have a system in place to protect confidential information, and • ensure employees are aware of the risks and discouraged from using information unlawfully Top seven must-haves Contractual protection Many employment contracts will include provisions on confidential information. However, one size might not fit all and it is a good idea to ensure your employment contracts are suitable for different categories of employee. It is important to review confidentiality provisions regularly as employees take on different roles, new technologies emerge and...

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Testing the limits of confidentiality—when does use become misuse? (Illiquidx Ltd v Atlana Wealth Ltd and others)

Information Law analysis: This was a High Court case involving issues of confidentiality, trade secrets and copyright. It centred around two firms who had entered into a non-disclosure agreement (NDA) and subsequently embarked on a joint venture to set up an investment fund. Following the breakdown of the business relationship, one of the firms, Atlana, set up its own fund which was very similar to the one envisaged under the joint venture. The High Court ruled that in setting up its own fund, Atlana had breached the terms of the NDA by misusing confidential information and in turn had also infringed trade secrets. The judgment reinforces the importance of precise drafting in NDAs and provides clarifications around the meaning of information being in the public domain. It also emphasises the importance of originality when establishing copyright infringement, particularly in the context of business presentations and other materials which may be more difficult to prove. Written by Marija Nonkovic, associate at Kemp IT Law LLP.

What businesses need to know about EU design law reform

Law360, London: Reforms introduced by the EU to update its design protection laws for the digital age are rolling out in two stages. The process began on 1 May 2025, with later measures taking effect on 1 July 2026.