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The communication to the public of a copyright work is an act restricted by the copyright in a literary, dramatic, musical or artistic work, a sound recording or film, or a broadcast.
The communication to the public is where there is an electronic transmission, and in relation to a work includes the broadcasting of the work, the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them. Copyright, Designs and Patents Act 1988, s 20
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Website blocking orders鈥攃hecklist Applying for a website blocking order This Checklist outlines key points to be considered when applying for a website blocking order (WBO). A WBO may be a useful tool for rights holders to consider if a website has been identified which is infringing copyright, registered trade marks or other rights, but for which the owner/operator of the website is unidentifiable and/or is outside of the jurisdiction. WBOs are sufficiently flexible that, if the website owner/operator attempts to circumvent the blocking measures implemented by the internet service providers (ISPs), the ISP can be notified of this and the blocking measures can be adapted to deal with this without requiring a further court order. A WBO does not require a prior finding of infringement against the website owner/operator and the owner/operator need not be made a party. For further information, the Checklist should be used alongside Practice Note: Website blocking orders. The third column can be used to record observations or comments as the Checklist is worked through. ...
Publishing agreement鈥攃hecklist How to use this Checklist This Checklist is designed to highlight issues commonly arising during the negotiation and drafting of a publishing agreement. For a publishing agreement, see Precedent: Publishing agreement鈥攑ro-publisher. For further information on issues raised by this Checklist, see Practice Notes: 鈥 Assigning intellectual property rights 鈥 Licensing intellectual property rights This Checklist can also, where appropriate, form the basis of a simple non-binding heads of terms. For guidance on how to do this, see Precedent: Heads of terms鈥攃ommercial contracts. The third column can be used to record observations or comments as the聽Checklist聽is worked through. Checklist schedule for proposed publishing agreement Checklist Further information Notes (if any) Parties 鈽 Confirm each party鈥檚 legal status and consider whether any third parties (such as group affiliates) will benefit from the proposed agreement. Commencement, duration and termination 鈽 Confirm the commencement or effective date. 鈽 Confirm whether the proposed agreement will be for the full term of copyright in the work or...
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This Practice Note explains the manner in which intellectual property (IP) and other rights apply in the context of linking on the web, with specific regard to the perspective of a website operator.It covers:鈥rexit鈥ommon linking terminology鈥inking and copyright鈥opyright鈥攖he reproduction right鈥inking and other intellectual property rights鈥inking to defamatory material鈥he Online Safety Act聽2023 and hyperlinking鈥inking and contractual restrictions/limitationsSee also, Precedent: Linking policy.BrexitThis Practice Note contains references to case law from the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law.This Practice Note also refers to EU-derived domestic laws (that is, domestic legislation that implemented EU laws in the UK). From IP completion day at 11.00 pm on 31 December 2020 until the end of 2023, such laws were classified as retained EU law (REUL). However, assimilated law is the name given to REUL which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status...
This Practice Note examines copyright as it applies to music. It provides guidance on copyright-focused case law and provides worked examples relevant to the key issues of dealing with protected works, authorship and ownership, qualification, duration, infringement, defences and permitted acts, all geared toward the music and entertainment sector.When the relevant copyright requirements are met, copyright arises automatically and it is not necessary to register it. For more guidance generally in relation to the subsistence of copyright, see Practice Note: Copyright鈥攕ubsistence and qualification.Court of Justice judgmentsThis Practice Note refers to judgments from the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law鈥擜ssimilated case law.Protected worksIn the context of music, under the Copyright, Designs and Patents Act 1988 (CDPA 1988), copyright subsists in the following categories of works:鈥riginal literary or musical works (recorded in some form), and鈥ound recordingsA 鈥榤usical work鈥 is a 鈥榳ork consisting of music, exclusive of any words or action intended to be sung, spoken...
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Literary rights option agreement This Agreement is made on [insert date] between the following parties (each a 鈥榩arty鈥 and together the 鈥榩arties鈥): Parties 1 [insert Company name] a company incorporated in England and Wales whose registered number is [insert Company number] and whose registered office is at [insert registered office] (the Company); and 2 [insert Author name] of [address] (the Author). Background (A) The Author is the owner of the worldwide copyright in the literary work published by [name] entitled [title] (the Work). (B) The Author has agreed to option and, conditional upon exercise of the option, to assign to the Company certain rights in and to the Work subject to the conditions and for the consideration set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them in this Agreement, including: Act 鈥 means the Copyright, Designs and Patents Act 1988; Final Budget 鈥 means the above and below the line production budget of...
Film director agreement This Agreement is made on [date] PARTIES 1 [insert name], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (the Company); and 2 [insert name] of [insert address] (the Director) each of the Company and the Director being a party and together the Company and Director are the parties. the parties agree: 1 Definitions and interpretation 1.1 In this Agreement: [Accounting Date 鈥 means 90 days from the end of each Accounting Period;] [Accounting Period 鈥 means in respect of the first three years following first theatrical release of the Film, consecutive periods of three months to 31 March, 30 June, 30 September and 31 December in each year and after that, consecutive periods of six months to 30 June and 31 December in each year;] Budget 鈥 means the budget of the Film prepared by or on behalf of the Company and presented to the Director, as may be amended by...
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Where a child arrangements order states: 'The names of the parties are not to be publicly disclosed without the court permission' is it permissible to send a copy of the order to: the police, the child鈥檚 school, HMRC (for child benefit purposes) and the child鈥檚 gym instructors? The general statutory framework surrounding the confidentiality of court documents in children's proceedings can largely be outlined as follows: Section 97(2) of the Children Act 1989 (ChA 1989)鈥 '(2) No person shall publish [to the public at large or any section of the public] any material which is intended, or likely, to identify鈥 (a) any child as being involved in any proceedings before [the High Court] [or the Family Court] in which any power under this Act [or the Adoption and Children Act 2002] may be exercised by the court with respect to that or any other child; or (b) an address or school as being that of a child involved in any such proceedings' Family Procedure Rules 2010 (FPR...
How have changes to section 72 of the Copyright Designs and Patents Act 1988 impacted the free public showing or playing of broadcasts and in a particular example: non-commercial broadcasting in communal areas such as in student accommodation? Historically, section 72(1) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) provided an exception to the right of communication to the public. It allowed organisations that did not charge for admission to show television broadcasts (in public) without needing permission from the owners of some of the rights in those broadcasts. In particular, it meant that such organisations did not need permission from owners of film copyright. The historical CDPA 1988, s 72 wording led some commercial premises to attempt to rely on the exception to show exclusive subscription television broadcasts without paying for the required commercial licences. This made it difficult, though not impossible, for copyright owners to take legal action to enforce the use of commercial subscriptions, distorting the market between, for example, pubs which pay...
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TMT analysis: The High Court has assessed damages in a case involving the termination of a licence to use software. The case illustrates how the court approaches the task of assessing damages in business disputes of this nature. It emphasises the importance of compliance, credible evidence, and clear differentiation of claims, offering practical lessons for lawyers handling similar cases in England and Wales. Written by Helen Hart, senior knowledge lawyer at Lewis Silkin LLP.
This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.
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