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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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