Joshy Thomas

Solicitor, RPC

Joshy specialises in intellectual property and media law and has a wide range of experience of IP litigation in all areas of IP. Joshy trained at Eversheds, qualifying in September 2000, where she worked for a number of high-profile brands. After six years at Eversheds she worked at Thomas Eggar, where she acted on a diverse range of contentious IP matters before moving to LexisNexis in 2011. Joshy’s expertise at LexisNexis included writing (and updating) core and unique IP and media content and case analysis primarily in the areas of copyright, databases, social media and the internet, digital trade, music, publishing, and film and TV. As a podcast enthusiast she has written, directed and presented podcasts on IP issues. In 2022 she moved to RPC to work as an IP and Tech Knowledge Lawyer.

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Practice notes

This Practice Note describes primary and secondary infringement of UK copyright. It covers the principles of infringement of copying the original source and similarity. Acts of primary copyright infringement are covered including the restricted acts of copying or reproduction (including computer programs), issuing or distribution, renting and lending, performing, playing or showing, communication to the public and adapting. Under the copying of the whole or a substantial part of the work, substantiality is covered.

Practice notes

This Practice Note examines authorship and ownership of copyright works. It covers determining authorship and explains joint and unknown authorship. Ownership of copyright is examined in relation to statutory presumptions as to ownership, employee and commissioned works, partnerships and joint owners.

Practice notes

This Practice Note deals with permitted acts and defences relating to copyright works. It covers copyright exceptions including personal copying for private use (now quashed); fair dealing for the purpose of research and private study, criticism and review, quotation, news reporting and caricature, parody or pastiche; temporary copies and incidental inclusion; education and libraries including e-books and e-lending; visual impairment; public administration, computer programs, and designs. So-called contract override provisions are examined in relation to copyright exceptions. The defences of: public interest, consent, copyright not subsisting, delay, anonymous works and buildings are also covered.

Practice notes

This Practice Note identifies types of work protected by copyright. Copyright works are categorised in the Copyright, Designs and Patents Act 1988. These categories of works are: original literary, dramatic, musical and artistic, film, sound recordings and broadcasts and typographical arrangements. This Practice Note examines examples of categories of works and considers a practical approach to categorisation under UK law in the light of EU cases retained into UK law that suggest categorisation is not required.