restating copyright principles and dispelling some of the myths



This webinar continues the discussion reinforced by our position statement in response to the ruling by the Court of Appeal of England and Wales in the case of THJ vs Sheridan. BAPLA sought external and independent legal advice on this case to provide further clarification for our members, many of whom contacted us for guidance.

The case itself dealt with a software dispute and discussed copyright protection of graphic interfaces. While not applicable to photographs directly, the ruling restates the legal test determining copyright protection of all kinds of visual works, including photographs. The test has been applied by English courts since 2009 and, in short, grants copyright protection to works which are original, i.e., bear the marks of the author’s own intellectual creation. The originality resides, in particular, in the free and creative choices made by the photographer when creating the photograph, whether in setting up the scene, or in post-production.

We are pleased to welcome guest speakers Anthony Misquitta, General Counsel at the V&A and Consultant Solicitor at Keystone Law, Anna Skurczynska, Founder Director at Open Plan Law and Samuel Duerden from Open Plan Law. Anthony and Anna will clarify the term ‘out of copyright’, outline essential copyright principles and address common misconceptions that have arisen following this case, while Sam will give a brief summary and some background to the THJ vs. Sheridan case.

Anthony Misquitta, General Counsel V&A and Consultant Solicitor at Keystone Law



Anthony Misquitta is the General Counsel at the V&A and a Consultant Solicitor at Keystone Law specialising in IP and contracts. Anthony also lectures on art, IP and related subjects for the Institute of Art & Law and the London School of Economics (LSE). He is a trustee of the Association for Cultural Enterprises, the William Morris Gallery and the Sir Percival David Foundation of Chinese Art.

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Anna Skurczynska, Founder Director at Open Plan Law

Anna Skurczynska has a broad practice across all areas of Intellectual Property (IP) but with a particular focus on digital copyright and data law. She advises clients from start-ups to multi-national corporations on exploitation and protection of intellectual property assets. In addition to her legal practice, Anna lectures on Media Law and Ethics at the University of the Arts.

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About Open Plan Law

Open Plan Law advises a wide range of clients in the technology, media, visual arts, fashion and retail sectors. We pride ourselves on our expertise in intellectual property, and we also offer broad commercial law advice through a partner network.

As our firm’s name suggests, we work with our clients in the spirit of collaboration. We invest into getting to know their businesses and combine top class client care with commercial pragmatism.

BAPLA members receive the first consultation free of charge, and a 10% discount on our fees.

Samuel Duerden, Founder Director at Open Plan Law



Samuel Duerden is a recently qualified solicitor at Open Plan Law and works on matters relating to intellectual property infringement, data protection and AI policy and licensing.


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When: Thursday 9 May

Time: 16:30-17:30 BST

Where: Zoom

Free to BAPLA members

Flexible fees for non-members