||All England Reporter
|| All ER (D) 89 (Nov)
|| EWCA Crim 2293
||Court of Appeal, Criminal Division
Stanley Burnton LJ, Penry Davey and Sharpe JJ
||Andrew Alty (instructed by Tuckers) for the defendant.
||Anthony Vines (instructed by Jonathan Dollin, Legal Department, Worcester County Council) for the prosecution.
||9 November 2009
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.
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.
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