Please read the file attached as it is the assigment brief. Please do not exceed the 3000 word limit. Please wirte it in British academic style with Harvard references.
You
should provide a well-structured essay, in two parts to answer each of the two
questions, with full references including case law and statutory references
where necessary. The Harvard system should be used for referencing, journals
and online sources. Case law and statutes used should be underlined or put in
italics or bold in the body of the essay.
Case law should be properly referenced in your bibliography and
references e.g. The Newspaper Licensing Agency Ltd. v Meltwater Holding
BV and others [2011] EWCA Civ 890. Grammar and spelling should be
correct. The essay must not exceed 3000 words in total and you should write
approximately 1500 words on Part 1 and 1500 words on Part 2. Your bibliography
is not included in the total word limit of 3000 words.
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Marks
awarded for presentation, grammar and referencing: 10 marks
Part 1(45 marks): of this
essay asks you to provide bespoke advice to a client, in this case a band. You
should advise the band on how they might be able to legally protect the name of
the band and the band’s logo, and the potential for protecting their image
rights. You should also advise on any problems they may have protecting their
name and logo. You should also provide practical advice on what steps
the band can do to protect their name, reputation, goodwill and image. This
section should certainly involve reference to the Trade Mark Act of 1994 as
well as
relevant
common law protection and protection offered in Europe. Recent case law should
be used as should case law from other jurisdictions on potential image
rights.
-Should include evidence of the basis on application of Trade Marks (Trade Mark Act of 1994) and ‘Image Rights’;
-Should include relevant common law protection and protection offered in Europe. Recent case law should be used as should case law from other jurisdictions on potencial image rights.
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Part
2(45 marks)- of this
essay firstly asks you explain how sound recordings and songs are currently
afforded copyright protection by copyright law in the UK, primarily under the
CDPA 1988.
The
question also asks you to comment on how copyright is applied in the digital
age, especially with regard to the internet. You should explain the new
provisions of the Digital Economy Act and comment on the cases specifically
referred to. These cases are ‘Meltwater’ (The
Newspaper Licensing Agency Ltd. v Meltwater Holding BV and others [2011] EWCA
Civ 890); ‘Newzbin2’ (Twentieth Century Fox Film Corp & Others v
British Telecommunications Plc [2011]
EWHC 1981 (Ch)).
In
addition to UK statute law and UK case law, there have been a number of recent
international cases concerned with the infringement of copyrights and other
rights in the digital age and you might finds these useful to illustrate your
answer. You might want to briefly comment on some of these cases; RIAA v Napster [2000], MGM v Grokster [2005] and EMI v MP3Tunes
[2011] in the USA; and the ‘Pirate Bay’ case in Sweden. You can use other
examples.
-Should include evidence of the existing protection in UK Law of Copyright;
-Should include evidence of the new developments in UK legislation and Case Law developments in other jurisdictions;
-Should include analysis of the remedies available to the court.