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UK court on copyright infringement over the internet

IPKat reports on the UK court decision in Omnibill v Egpsxxx and Carter [2014] EWHC 3762 (IPEC), a case concerning copyright, escort services and pornographic photographs.

The legal conflict was focused on the use without permission of photographs belonging to the claimant based in South Africa by a competing business of the defendants based in UK.

When deciding on the jurisdiction of where the infringing acts had taken place the judge addressed this issue by looking at whether the website or relevant parts of it were targeted at the UK public.

Judge Birss J pointed that: “It is common ground that if they are targeted at the UK then infringement of UK copyright has been committed by the first defendant. If the website is not targeted at the UK then no infringement of UK copyright has taken place at all.”

The judge concluded that the defendants’ web site was targeting the UK market. Hence, it was found that both defendants had infringed the claimant’s rights under UK copyright law.

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