Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 AUGUST 2023

Can We Fix It? Copyright Fixation In Wright V BTC Core

Potter Clarkson LLP
Explore more from Potter Clarkson LLP

Court of Appeal overturned the High Court's finding that the claimants had no real prospect of establishing copyright in the Bitcoin File Format because it had not been "recorded, in writing or otherwise".

United KingdomIntellectual Property
Marianna Foerg
Marianna Foerg
Benjamin Bell
Benjamin Bell
Author LinkedIn connections

Court of Appeal overturned the High Court's finding that the claimants had no real prospect of establishing copyright in the Bitcoin File Format because it had not been "recorded, in writing or otherwise". This is one of the rare cases about the requirement of copyright fixation, which demonstrates how the English courts apply the existing, 35-year-old, copyright law to new technologies.

WHAT IS COPYRIGHT FIXATION?

Fixation is a key requirement for a work to be protected by copyright. A work is eligible for copyright protection if it falls into one of the categories identified by the Copyright, Designs and Patents Act 1988 (CDPA), it is original and 'fixed' in some form (i.e., "recorded, in writing or otherwise").

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.
United KingdomIntellectual Property
Ashfords LLP
Ashfords LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

The Manchester Creative Industries AI Summit – The Government's Opportunity To Set Out A Policy Direction On Copyright And AI?

Prime Minister Andy Burnham has convened the Creative Industries AI Summit in Manchester to bring together rightsholders, regulators, platforms and AI labs to align on a common approach to copyright-protected works in AI development. The Summit will unveil the 'Manchester Principles', a framework establishing minimum conditions for using human creative work to train generative AI models.
United KingdomIntellectual Property
Lewis Silkin
Lewis Silkin
Article

UPC CoA Confirms Jurisdiction Over Pending European Patent Application

The UPC Court of Appeal has confirmed that the Unified Patent Court can exercise jurisdiction over European patent applications, provided they are granted before the defendant files their statement of defence. This landmark decision means patent holders may now be locked into the UPC system even before their patents are officially granted, fundamentally changing the strategic timing considerations for opting out of UPC jurisdiction.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

EHDS And The Future Of Health Data Transactions In Europe

The European Health Data Space (EHDS) regulation has entered into force, creating a harmonised framework for cross-border health data access across the EU. While Europe possesses exceptional health data resources—particularly in Nordic countries with comprehensive patient registries—it has historically lacked the commercial data market infrastructure seen in the United States. This analysis explores how life science companies and investors can position themselves to capitalise on emerging opport
European UnionFood, Drugs, Healthcare, Life Sciences
Potter Clarkson LLP
Potter Clarkson LLP
Article

G 1/25: Description Amendments At The EPO - Business As Usual?

The Enlarged Board of Appeal has issued its decision in G 1/25, addressing a fundamental question in European patent practice: when must patent descriptions be amended to align with amended claims? This landmark ruling establishes new guidance on the relationship between claims and descriptions, building upon the interpretive framework set forth in G 1/24 and potentially reshaping how practitioners approach description amendments at the EPO.
AfghanistanIntellectual Property
Potter Clarkson LLP
Potter Clarkson LLP