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ARTICLE · 01 APRIL 2015

Jurisdiction And The Internet

A recent U.K case dealt with some interesting issues relating to the responsibility for the operation of a website and the jurisdiction of the U.K. courts.

CanadaIntellectual Property

A recent U.K case dealt with some interesting issues relating to the responsibility for the operation of a website and the jurisdiction of the U.K. courts.

The Facts

The action was brought in a U.K. court for infringement of copyright subsisting in a large number of photographs. The photographs had been published and used on a website operated by the plaintiff relating to the provision of escort services. Copies of the plaintiff's photographs were used by the defendants in advertisements which appeared on a website providing similar and competing services.

The owner of the impugned website was a U.K company which was bankrupt at the time of the trial and did not dispute the action. However, the plaintiff also asserted that the sole director and shareholder of the bankrupt company was personally liable for the infringement. The director denied personal liability and also alleged that as the reproduction of the photographs had occurred in South Africa and the

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