New Working Paper: Know Your Rights: What can you do when your copyright is infringed?

CREATe presents the seventh entry in our series of working papers released in 2019: “Know Your Rights: What can you do when your copyright is infringed?” by Elena Cooper (Leverhulme Early Career Fellow, CREATe) and Sheona Burrow (Postdoctoral Research Fellow, CREATe).

Following on from Working Paper 2018/02 (Cooper and Burrow, Photographic Copyright and the Intellectual Property Enterprise Court in Historical Perspective, Legal Studies, March 2019, 143-165), this paper analyses 21 judgments concerning the infringement of photographic copyright, delivered by the Intellectual Property Enterprise Court Small Claims Track (the IPEC SCT) in the first three years of its operation (October 2012-December 2015). The IPEC SCT is part of the High Court of England and Wales, with jurisdiction to hear intellectual property claims worth under £10,000, and the majority of claims commenced during this three year period were brought by freelance professional photographers (or their agents) for the infringement of photographic copyright. The paper addresses the significance of these judgments, which are not publicly available, for photographers contemplating court-action in the IPEC SCT.

The paper was initially published in the Journal of the Royal Photographic Society (which can be found at http://rps.org/new-journal), May 2019.

The full paper can be downloaded here.

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