(Re-)discovering the copyright basics – Originality after THJ v Sheridan

This event has been jointly organised by the LSE Law, Society and Technology (LTS) Hub at LSE Law School and the IPKat Blog.

This event will also be available via Zoom. To attend virtually, please follow the hyperlink below. 

Meeting Registration – Zoom 

Agenda

17:30 – 19:30: Panel discussion

19:30 – 20:30: Networking drinks reception

Event topic summary –

 In late 2023, the Court of Appeal of England and Wales issued its judgment in THJ v Sheridan [2023] EWCA Civ 1354.

Ruling on whether copyright would subsist in certain graphic user interfaces (GUIs), Lord Justice Arnold pointed out that section 1(1)(a) of the UK Copyright, Designs, and Patents Act must be interpreted in accordance with Article 2(a) of the EU InfoSoc Directive. As such:

[…] What is required is that the author was able to express their creative abilities in the production of the work by making free and creative choices so as to stamp the work created with their personal touch […] This criterion is not satisfied where the content of the work is dictated by technical considerations, rules or other constraints which leave no room for creative freedom […]

Commenting on the decision, The IPKat inter alia noted that the judgment is relevant because, despite Brexit and the power of senior courts to ‘depart’ from CJEU case law, lacking a statutory reform, the effects and relevance of CJEU case law on UK law remain very visible and relevant. Furthermore, criteria other than originality do not appear allowed and – importantly – the test for originality is thorough and objective one.

The judgment in THJ v Sheridan appears to have already had a tangible impact, including on the art and cultural heritage sector. An editorial published on The Art Newspaper, for example, has questioned the possibility for UK cultural heritage institutions to claim that simple reproductions of public domain artworks warrant their own copyright protection. Recently, the British Association of Picture Libraries and Agencies (BAPLA) has also issued a statement reacting to the judgment.

In all this, it is worth noting that questions regarding the meaning and assessment of the originality criterion are still in need of an answer outside of the UK too: the pending CJEU referrals in Mio, USM Haller, and Institutul G. Călinescu are testimony to all of this.

In light of the above, it is clear that when, how, and at what conditions copyright protection arises are still very very (very!) relevant issues.

The IPKat is thrilled to announce that, in the afternoon of 14 March 2024, a stellar panel has been gathered to discuss all this in person at City Law School in London, with also the possibility of remote participation!

Speakers

Chair – Dr Luke McDonagh (LSE Law)

Panellists are:

• Sir Richard Arnold, Lord Justice of Appeal (Court of Appeal of England and Wales)
• Andrea Stern, Visual Content Consultant (Andrea Stern Associates)
• Patrick Goold, Reader (City Law School)
• Bendor Grosvenor, Art Historian, Writer and Former Art Dealer
• Eleonora Rosati, PermaKat (IPKat), Professor of Intellectual Property Law (Stockholm University), Of Counsel (Bird & Bird)

This event will be on a first-come-first-serve basis. 

A drinks reception will follow this event.