avatar

John Cloke

Author's details

Name: John Cloke
Date registered: 17 January 2013

Latest posts

  1. Filmspeler – Sale of “fully-loaded” IPTV boxes and “unlawful use” — 11 May 2017
  2. Think before you link – CJEU confirms that linking to freely available but unauthorised content can infringe copyright — 9 September 2016
  3. TV Catchup and Section 73 – (Nearly) The End of the Road? — 22 May 2015
  4. Bestwater – CJEU considers embedded links to copyright content (again) — 11 November 2014
  5. No surprises as CJEU upholds website blocking injunctions — 1 April 2014

Most commented posts

  1. Svensson – When is it OK to link to third party content? — 1 comment

Author's posts listings

Filmspeler – Sale of “fully-loaded” IPTV boxes and “unlawful use”

By Alastair Mackichan, John Cloke and John Wilks In another welcome decision for content owners and broadcasters, the CJEU has dealt a significant blow to the business models of those individuals looking to profit from the sale of pre-configured media players which provide end-users with hyperlinks to copyright-infringing Internet streams. Share this

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/05/filmspeler-sale-of-fully-loaded-iptv-boxes-and-unlawful-use/

Think before you link – CJEU confirms that linking to freely available but unauthorised content can infringe copyright

By Rahool Sarjua and John Cloke Following the string of cases on hyperlinking the CJEU has dealt with in recent years, the court has emphatically confirmed in its judgment in GS Media v Sanoma & Ors that hyperlinking to works that have been made available on the Internet without the authorisation of the copyright owner …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/think-before-you-link-cjeu-confirms-that-linking-to-freely-available-but-unauthorised-content-can-infringe-copyright/

TV Catchup and Section 73 – (Nearly) The End of the Road?

By John Cloke & Jonathan Salt The Court of Appeal in England has recently made a second reference to the Court of Justice of the European Union (CJEU) in the case brought by UK free-to-air broadcasters ITV, Channel 4 and Channel 5 against the Internet streaming service TV Catchup (TVC) in relation to the unauthorised streaming …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2015/05/tv-catchup-and-section-73-the-end-of-the-road/

Bestwater – CJEU considers embedded links to copyright content (again)

On 21 October 2014, the Court of Justice of the European Union (the CJEU) gave its decision in Bestwater, a case that, like the decision in Svensson earlier this year, concerns the question of whether there is an infringement of copyright when a website operator links to or embeds content available on a third party’s website. Svensson …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2014/11/bestwater-cjeu-considers-embedded-links-to-copyright-content-again/

No surprises as CJEU upholds website blocking injunctions

The Court of Justice of the European Union (the CJEU) last week upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v Constantin Film. This should come as no surprise, since Member States are obliged under Article 8(3) of …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2014/04/no-surprises-as-cjeu-upholds-website-blocking-injunctions-6/

Gambling Bill amendment – overseas bookmakers to pay horserace betting levy

The Government has announced plans to introduce an amendment to the Gambling (Licensing and Advertising) Bill which would see the obligation to pay the horserace betting levy extended to overseas bookmakers, alongside the requirement in the Bill which will require overseas bookmakers to obtain a licence in order to provide facilities for gambling to consumers in Great Britain. The Government has also confirmed its plans to …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2014/03/gambling-bill-amendment-overseas-bookmakers-to-pay-horserace-betting-levy/

Svensson – When is it OK to link to third party content?

Until last week, no one really knew for sure what the law thought about people including links to a third party’s copyright-protected content on their websites. Would a text-only hyperlink link potentially infringe copyright? Does it make a difference if the content is embedded, or framed, on the linking website? The Court of Justice of the European Union …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2014/02/svensson-when-is-it-ok-to-link-to-third-party-content/

TV Catchup allowed to continue reduced service – but questions remain

By Jonathan Salt and John Cloke The High Court has ordered streaming service TV Catchup (TVC) to drop over 20 channels aired by ITV, Channel 4 and Channel 5 and pay eighty per cent of the broadcasters’ costs of the action, following a decision of the Court of Justice of the European Union (the CJEU), …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2013/10/tv-catch-up-allowed-to-continue-reduced-service-but-questions-remain/

UK Government launches first phase of Copyright Hub

By John Cloke and Sophie Levett The UK Government has launched a new copyright hub to make it easier to access information about rights ownership and copyright licences. The pilot phase of the Copyright Hub launched on 8 July 2013 and is built and led by the UK’s creative industries – music, publishing, audio-visual and …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2013/07/uk-government-launches-first-phase-of-copyright-hub/

ISPs getting comfortable with blocking injunctions

The High Court took another step last week towards a streamlined process for copyright owners to obtain injunctions against ISPs, requiring them to block access to websites and services that facilitate copyright infringement. So-called “blocking injunctions”, under section 97A of the UK’s Copyright Designs and Patents Act (the “CDPA”), were pioneered in the Newzbin cases …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2013/03/isps-getting-comfortable-with-blocking-injunctions/