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Any property right over certain creative works, which grants exclusive right to the owner.
Copyright is created by the Copyright, Designs and Patents Act 1988 and enables the owner to exclude others from, amongst other things, reproducing, issuing copies to the public, publically performing the work and communicating it to the public.
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Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...
Sub-contractor steps to take if contractor becomes insolvent—checklist This Checklist sets out a number of practical steps that a sub-contractor should consider taking in the event that the main contractor on a construction project becomes insolvent during the course of the works. It assumes that the sub-contractor has been engaged on written terms by a main contractor for a specific sub-contract package on a construction project and that the main contractor has been paying the sub-contractor directly (ie there is no project bank account, escrow account or other arrangement as to payment). For guidance on how to spot potential problems with solvency and how to protect the sub-contractor’s position at the outset of a project, see Practice Note: Construction insolvency—how to spot problems and how to protect yourself—sub-contractors. In the event that the main contractor engaged on a construction project has become insolvent, the sub-contractor needs to act quickly and consider all the practical and legal steps it can take to protect its position. Steps that the sub-contractor should consider...
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UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...
Copyright infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme Claim preparation and pre-action matters—Precedents • Notice of seizure of infringing copies • Cease and desist letter—IP infringement Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Copyright infringement • How to draft a letter of claim in an IP dispute • Unjustified threats of intellectual property right infringement •...
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Compared to other IP rights, authors are given a long term of protection under the Copyright, Designs and Patents Act 1988 (CDPA 1988) as amended by the Duration of Copyright and Rights in Performances Regulations 1995 (Duration Regulations), SI 1995/3297. The Duration Regulations were implemented in the UK on 1 January 1996.This Practice Note includes references to EU legislation, which are assimilated law. Assimilated law is the name given to retained EU law (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 and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. For more information, see Practice Note: Assimilated law.Copyright termThree events dictate the commencement of the copyright term for a work: the author's death; the year of making the work; or the year of first making the work available to the public.The copyright terms for different works are shown in the table...
This Practice Note provides a broad overview of how copyright can be enforced cross-border.An international system of copyright enforcementCopyright is a territorial IP right in that it protects a work in one jurisdiction only. As far back as the 1800s, this was recognised as a problem for copyright owners. At that time, it was becoming easier for a work to be copied in a foreign country but there was nothing that the copyright owner could do about it as their copyright was recognised only in their home country and had no validity in any foreign state. There were calls for an international system of copyright to be developed.An international system of copyright enforcement exists established by four conventions.At the heart of the system is the principle of national treatment. This means that a copyright owner will be treated as if they are a national of the territory in which the infringement is taking place and can claim the protection of copyright laws there.Copyright owners wanting to use this international system...
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The ScheduleIntellectual Property Rights 1 1.1 [ Copyright works Description of Copyright work Nature of work (eg literary, artistic, databases, etc) Date of creation of work (if already created) [Insert details] [Insert details] [Insert details]
Music publishing agreement—pro-publisher This Agreement is made on [date] Parties 1 [Insert name of Publisher] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Publisher); and 2 [Insert name of Writer] of [insert address] (Writer). Background (A) The Writer is a composer of musical works and/or an author of lyrics of literary works; (B) The Publisher is engaged in the business of music publishing throughout the Territory and has, inter alia, facilities for the administration and exploitation of musical works; and (C) The Publisher wishes to acquire and the Writer wishes to grant to the Publisher the exclusive right to the Writer’s share of the Compositions, subject to the terms of this Agreement. It is agreed as follows: 1 Definitions and Interpretation 1.1 In this Agreement: Accounting Period • means each six monthly period ending on 30 June and 31 December; Advance • means all monies paid to the Writer by the Publisher other than royalties. Such...
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What are non-fungible tokens (NFTs)? What is an NFT? A non-fungible token or ‘NFT’ is a unit of data, which certifies a digital asset as being unique. NFTs are stored on the blockchain, providing the NFT’s owner with traceable proof of ownership. See Practice Note: Blockchain—key legal and regulatory issues. Each individual NFT is inherently unique and irreplaceable and can, in some instances, be worth a considerable sum. It may be useful to conceptualise NFTs as digital collectables, much like any tangible piece of original art. Cryptocurrencies such as Bitcoin and Ethereum are fungible, and therefore mutually interchangeable just as traditional currency. In contrast, each non-fungible token has a unique set of characteristics and cannot be exchanged like for like. NFTs can be used to represent a wide range of digital assets to include audiovisual files, photographs, music recordings, GIFs, documents, and memes. NFTs were first used in 2014 and gained some mainstream attention in 2017. By mid 2021, there has been a significant increase in awareness...
Can a company have moral rights? Moral rights The Berne Convention art 6 bis states that, independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work, and object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his/her own work, that would be prejudicial to his/her honour or reputation. Moral rights are therefore personal to the author. Sections 77–79 of the Copyright, Designs and Patents Act 1988 (CDPA 1988), provide that the authors of copyright literary, dramatic, musical or artistic works and the directors of copyright film works have the right: • to be identified as author or director (the right of paternity) • to object to derogatory treatment of work (the right of integrity), and • not to have work falsely attributed to them as author or director Exercising moral rights For further detail on exercising moral rights, see Practice Note: Moral...
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This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from Russia, India and Singapore; and updates from the HKIAC, ICC, LCAM, FAI, SCC Arbitration Institute, DIAC and CJEU. All this, and more in our weekly highlights.
Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.
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