What is a record? Pink Floyd v EMI

In its judgment of 14 December 2010 in Pink Floyd Music and Anor v EMI Records Limited [2010] EWCA Civ 1429 the Court of Appeal considered an appeal by EMI against summary judgment in favour of Pink Floyd Music (PFM). PFM had sought declarations to the following effect: 1. That EMI (with which it had … Continue reading

GUI not a computer program (Part 2)

In Case C393/09 Bezpečnostní softwarová asociace – Svaz softwarové ochrany v Ministerstvo kultury, the Court of Justice found that a GUI is not a computer program under the Software Directive. The second question addressed by the Court was: Is the broadcast of a GUI or a part of a GUI a communication to the public? The Court found that … Continue reading

GUI not a computer program (Part 1)

In its judgment of 22 December 2010, Case C393/09 Bezpečnostní softwarová asociace – Svaz softwarové ochrany v Ministerstvo kultury, the Court of Justice of the European Union (the Court), found that a graphical user interface (GUI) was not protected by copyright as a computer program under Article 1(2) of the Software Directive and subsequently, that the broadcast … Continue reading