1709 Blog: for all the copyright community

Wednesday, 9 November 2011

Meltwater appeal to go to Supreme Court

The 1709 Blog understands that the Supreme Court for the United Kingdom has granted permission to the Public Relations Consultants Association Ltd (PRCA) to appeal against the decision of the Court of Appeal in The Newspaper Licensing Agency Ltd & Others v Meltwater Holding BV & Others [2011] EWCA Civ 890 (noted on the 1709 Blog here), which affirmed the earlier decision of Mrs Justice Proudman.

The PRCA's appeal is on the question whether the act of accessing a web page (and the inevitable copies made in doing so) is covered by the temporary copies exception (as set out in the InfoSoc Directive and the UK's Copyright, Designs and Patents Act 1988, s.28A). The Court of Appeal held that the exception does not apply -- at least to any on-screen copy and possibly to further copies if occasioned by a voluntary human process.

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