Source: All England Reporter
Publisher Citation: [2009] All ER (D) 89 (Nov)
Neutral Citation: [2009] EWCA Crim 2293
Court: Court of Appeal, Criminal Division
Judge:

Stanley Burnton LJ, Penry Davey and Sharpe JJ
Representation Andrew Alty (instructed by Tuckers) for the defendant.
  Anthony Vines (instructed by Jonathan Dollin, Legal Department, Worcester County Council) for the prosecution.
Judgment Dates: 9 November 2009

Catchwords

Copyright - Artistic works - Copyright offences - Circumvention of effective technological measures - Modification chips - Games consoles - Substantial copying of copyright work - Whether drawings resulting in images shown on screen or monitor themselves artistic works protected by copyright - Whether defendant's conviction unsafe - s 296ZB.

The Case

Copyright Artistic works. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against his conviction for copyright offences arising out of his commercial dealing in so-called modification chips. The Court gave consideration to the meaning of substantial copying of a copyright work in the context of counterfeit DVDs on games consoles; and observed that cases that, for example, involved determination of difficult questions whether a copy was of a substantial part of a copyright work could and should be tried in the Chancery Division before specialist judges.

Practice Areas

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