Written by: Michael Flint, Nicholas Fitzpatrick and Clive Thorne

The IPKat has been purring over his pristine copy of Michael Flint’s classic book, A User’s Guide to Copyright. This title has been long established as one of the key texts in this field and the Kat recalls reviewing the first edition back in the 1980s, when he still had a full complement of whiskers. More to the point, this title has generally been the Kat's first port of call when investigating copyright topics he's not so familiar with.

This edition has been crafted by the triumvirate of Michael Flint, Nicholas Fitzpatrick and Clive Thorne. Michael Flint has been around since before the IPKat can remember: he's a former chairman of the Intellectual Property and Entertainment Committees of the International Bar Association and of the Council of the Intellectual Property Institute. Nick Fitzpatrick is a partner in DLA Piper Rudnick who specialises in media and copyright law (in his spare time he doubles as Chairman of the Copyright Committee of the British Screen Advisory Council. Veteran copyright commentator Clive Thorne (partner, Arnold and Porter), has over 30 years' experience of IP litigation and arbitration in the UK and in Asia.

The 6th, fully revised edition is split into two parts. Part 1 contains a detailed breakdown of the relevant UK legislation, of which there is rather a lot these days, while Part 2 takes a sectoral approach, applying this legislation to the main industries in which copyright material is commonly exploited. Coverage of new topics reflects the emergence of new means of digital exploitation, including P2P distribution. There is also a welcome increased emphasis on international copyright law. As in previous editions, the text is lucid and welcoming – both in respect of the law and with regard to the increasingly unfamiliar technological terrain across IP concepts are now sown. It's a pity that the statutes it explains have not made so user-friendly or intelligible.

Previous editions have been published by Butterworths, but the title is now in the hands of Tottel – a company that has taken over what must be hundreds of old Butterworths titles following the decision of LexisNexis Butterworths to pursue electronic rather than paper publication as its prime objective.

Review: IPKAT, April 2006

 

The User's Guide to Copyright has been helpfully revised and updated, to take account of new legislation, such as the Enforcement of Intellectual Property Directive 2004 and the Registered Designs Regulations 2001, and the impact of the Human Rights Act 1998 on confidentiality, privacy and copyright.

 

Part one provides an extensive summary of copyright law and key decisions.  It also analyses IP matters, such as design rights and passing off.  Part two provides practical guidance for those involved in, or coming into contact with, the main industries in which copyright is exploited, such as the music business.  Helpfully, most chapters include a glossary of the key terms.

 

This book is more than just a run-of-the-mill guide.  It effectively combines practical guidance with a more academic analysis of the rationale behind the current laws and how that may change.

 

The book accurately reflects the huge impact that technological advances have had on the law of copyright, particularly in light of the proliferation of the internet in virtually all walks of life.  It covers modern phenomena such as 'cybersquatting' and peer-to-peer file sharing.

 

The In House Lawyer, October 2006

It has been some four years since the last edition of A User's Guide to Copyright was published. In that time, copyright law has been overhauled. Indeed, the authors mention more than five substantial pieces of legislation which have impacted on this area of law. A User's Guide to Copyright has been thoroughly reviewed and updated to ensure these changes have been incorporated. By doing so, the authors ensure that A User's Guide to Copyright remains the premier user-friendly and practical guide to copyright law.

The key to A User's Guide to Copyright is its practicality and accessibility. Each chapter adopts a similar approach by explaining what are sometimes complex parts of the Copyright, Designs and Patents Act 1988 in small manageable sections. This allows issues to be quickly understood with fantastic clarity. The authors have also included, where applicable, useful cross-references to case-law, statutory provisions and (for the first time) journal articles. This is extremely helpful because it gives lawyers a starting point for further research.

A User's Guide to Copyright includes a number of excellent appendices. For example, one table sets out the type of copyright which arises for certain works whilst another explains the duration of copyright. These are simply essential for any practitioner who needs a quick guide to the basic principles before advising a client. The authors also include a number of excellent tables throughout the text explaining the key principles. This again aides the clarity and accessibility of A User's Guide to Copyright. A User's Guide to Copyright is simply the best practical guide to copyright law. It is well-written and provides the reader with a clear overview of the relevant principles. By doing so, it can be used by students, practitioners and anyone interested in this engaging area of law. I have no hesitation in recommending it and it will remain a text which is firmly close to hand!

Reviewed on 18 March 2008 by Russell J Kelsall, Solicitor, The Student Law Journal

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