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25 April 2013
Issue: 7557 / Categories: Legal News
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Browsing not infringement

Supreme Court decision has huge implications for internet use

Internet users can lawfully browse articles online without the authorisation of the copyright holder, the Supreme Court has unanimously ruled in a case with huge implications for internet use.

The court held that users who simply read or view copyright-protected web pages fall within the temporary copying exception of s 28A of the Copyright, Designs and Patents Act 1988, and therefore do not need the permission of the rights holders.

It has referred the case to the European Court of Justice so the issue can be clarified across the EU.

Lord Sumption, giving the lead judgment, rejected the Newspaper Licensing Agency’s (NLA) argument that a copyright license is required because a temporary copy is made on the computer’s cache and screen as part of the technological process when browsing, in Public Relations Consultants Association [PRCA] v NLA [2013] UKSC 18. He also rejected the NLA’s argument that rights holders could be exposed to piracy, as effective remedies exist.

The decision overturns earlier rulings by the Court of Appeal and the High Court.

Lord Sumption said accepting the NLA’s arguments would lead to “an unacceptable result, which would make infringers of many millions of ordinary users of the internet across the EU who use browsers and search engines for private as well as commercial purposes”.

Michael Hart, Baker & McKenzie’s London Head of IP, who acted for the PRCA, said he believed the court’s reasoning was “absolutely right in ensuring that acts of end users which were perfectly lawful in the analogue world remain lawful in the digital world. Any other decision would have severely restricted perfectly reasonable consumer internet use”.

David Pugh, managing director of the NLA, said: “We will now await the European Court of Justice’s judgment on this matter—which may take some time regardless of the final outcome.”
 

Issue: 7557 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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