Cases

Fraser-Woodward Ltd v BBC & Brighter Pictures Ltd

Comment

This decision gives guidance as to the meaning of sufficient acknowledgement, in respect of which there is very little case law: “The borderline between what is express and what is implied can get blurred anyway and it is not a satisfactory distinction to introduce in this area of the law. What is important in principle is that there is something which can properly be seen as an identification of the author . . . [Sillitoe v McGraw Hill Book Co] is not authority for the proposition that any identification must be express. All that is required is that it is an identification, though I think I can accept that it probably has to be one that can be readily seen and not require some form of hunting around or detective work in order to ascertain it. It is probably not enough to say that the author can be identified if you look hard enough; the authorship must be more apparent than that. However at the end of the day it is a question of fact whether there has been an identification.”

Areas of work

Copyright
Entertainment Law
Intellectual Property
Media Law

Also