Don't forget to infringe ...

The IPKat's friend Jo Gibson writes: "Not sure if you've seen this yet, but the Westlife single 'You Raise Me Up' has led to a challenge from Tommi and Karri Rinne, two brothers in Finland who say they wrote it for Eurovision 10 years ago ('Rakastakaa' or 'Don't Forget to Love' in English). They also claim they heard an US singer perform it as well.

The IPKat notes how easy it seems to be to bring infringement claims of this nature; they also have great nuisance value. BUT in situations such as these, copyright infringement requires proof of copying and, the more obscure the original work, the greater the difficulty the claimant will have in shifting the burden of proof.

Latest IAM

The December 2005/January 2006 issue of Intellectual Asset Management, published by Globe White Page, has now been published. The IPKat always enjoys its articles, which are well researched, current and crafted to be of maximum interest to the target readership of tough-guy IP owners and their attorneys.

This issue has a really good explanation and analysis of the contribution played by the Bayh-Dole Act to the encouragement of innovation in the United States, examining both its virtues and its defects 25 years after its passage.

European Commercial Cases

Part 6 (i.e. the last issue for 2005) of Sweet & Maxwell's European Commercial Cases has now been published. It contains a report on Lopez v Philibert, the Tribunal de Grande Instance de Paris decision in which the teacher in Etre et Avoir lost his claim to be considered the author of the lessons that were the subject of a successful film.
WESTLIFE; IAM; LATEST ECC WESTLIFE; IAM; LATEST ECC Reviewed by Jeremy on Sunday, December 18, 2005 Rating: 5

1 comment:

  1. Well on the "you raise me up" case - one would have hoped that it might have been picked up sooner as there have been 125 recordings of the song and it was played on US radio 660000 in 2004 (almost as much as Crazy Frog in the UK in 2005?). I note from the website of the lyricist that it was sung at the Nobel Prize by Westlife.. is that why it has suddenly come out?

    I might add that I would not be that unhappy if Westlife were enjoined from singing this song (any any others for that matter)...


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