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09 January 2015 / Mark Lewis
Issue: 7635 / Categories: Features , Intellectual property
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Write or wrong

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Mark Lewis advocates putting copyright licences in writing & setting out the terms in full

The recent case of Orvec International Limited v Linfoots Limited [2014] EWHC 1970 (IPEC), [2014] All ER (D) 160 (Jun) concerned the extent of rights granted by Linfoots to Orvec in respect of images on its website and in its advertising material. The case demonstrates the perils of not having a written copyright licence in place.

Background facts

Orvec sells textile products, such as blankets and pillows, to airlines for use by their passengers.

Orvec hired Linfoots, an advertising agency, to design and maintain its website and also to create advertising material for it. Linfoots made photographs of Orvec’s products (the Photographs) and these appeared on Orvec’s website and in its advertising material.

As the author of the Photographs, Linfoots was the first owner of copyright in the Photographs and it retained ownership of that copyright by virtue of an express term to that effect in its standard terms and conditions.

In 2011, the parties ended their business

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