The slides from my presentation to sports and media executives held at the Oxford and Cambridge Club in Pall Mall in March 2012. The Event was hosted by KlipCorp Ltd.

1. Legal landscape – Where next?
Paul Bennett
Bennett’s Legal Limited
0844 472 2378
pb@bennettslegal.co.uk

2. What law applies?
• Copyright;
• Trade Mark;
• Technology law (wide discipline for lawyers);
• Litigation – Commercial and technology
based;
• Regulatory – Criminal and civil enforcement;
• Case law – UK and ECJ changing risks;

3. What’s in the news?
• Pirate Bay Operators and users jointly and
independently infringed copyright said the
High Court (20th February 2012);
• 6 Main ISP’s were defendants;
• Blocking order position likely to be enhanced
against ISP’s under Section 97A CDPA
1988.

4. Allowing content to be shared is a
growing commercial risk
• Pirate Bay shows a growing risk of actions
against the ISP’s (and other intermediaries)
is likely;
• Copyright legislation being used in
unexpected ways;
• Theme emerging from courts – “head in sand
no defence” if active - and/or aware in
restricted circumstances;
• Snifferdog enhances the evidence against
infringers, ISP’s etc. Put bluntly it exposes
failure to deal with issues.

5. Music site RnBXclusive.com has been
shut down by the UK's Serious
Organised Crime Agency (Soca).
• Criminal conspiracy being used by SOCA to close
sites;
• The fight against infringement is becoming
criminal as well as civil law based;
• Evidence of infringement is central to both but
criminal convictions make civil matters easy to
prove - Section 11 Civil Evidence Act 1968.

6. Advertisers
• Do they market around breach of
copyright/TM material? Reputational & legal
effects;
• TM holders may take action against
secondary infringers – untested before UK
courts in respect of advertising online around
content – my view claim exists building on
recent judgements;
• Who wants to defend one of these first?
a) Against backdrop of e-evidence?
b) After a take down/warning notice?

7. Advertisers
• ECJ although the operator of an online marketplace does
not "use" third-party trade marks within the meaning of
EU legislation when its customers advertise their goods
under such marks, it may lose the benefit of the
exemption from liability for intermediaries under the E-
commerce Directive (2000/31/EC) if it takes an active
role in relation to advertisements for infringing
goods placed on its site (such as by assisting in
matters of presentation or promotion) which allows it
to have knowledge or control of the data that it is
storing.
• Chilling warning for marketing/advertising companies,
legitimate website operators, ISP’s.

8. Practical Tips
1. Review the risks to your business?
ISP, Advertisers, Broadcasters, Marketing
agencies will need a different perspective;
2. Manage those risks – talk to
suppliers/customers;
3. Be proactive - record your efforts;
4. Get advice – What? Why? How are things
changing?;

9. Practical Tips
5. Evidence is key:
• Your evidence;
• Those who might bring claims against you;
6. Educate your Directors/Board;
7. Review regularly – on-going process.

10. Questions?
0844 472 2378
pb@bennettslegal.co.uk
www.bennettslegal.co.uk