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A film is a copyright work which is a recording on any medium from which a moving image may by any means be produced.
A film is protected as a copyright work and for these purposes the sound track accompanying a film is treated as part of the film. It is not protected to the extent the recording is a copy of a previous film. See Copyright, Designs and Patents Act 1988, s 5B.
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Ownership and issues regarding copyright works created at home鈥攃hecklist Employees and contractors are increasingly working more from home. This has resulted in an increase in content being created at home and posted or shared online, for example by teachers to share with their pupils via video communications. When content is created at home in these circumstances, the ownership of IP rights, use of third-party material and infringement of third-party rights should be considered. For further information on issues raised by this Checklist, see Practice Notes: 鈥 Copyright鈥攑rotectable works 鈥 Copyright鈥攁uthorship and ownership 鈥 Copyright & associated rights鈥攐verview 鈥 Copyright infringement 鈥 Copyright鈥攕econdary infringement 鈥 Copyright infringement鈥攔emedies 鈥 Copyright鈥攑ermitted acts and defences 鈥 Joint ownership of intellectual property rights The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Copyright origination 鈽 Identify the copyright work. Copyright is an unregistered right鈥攊t comes into being automatically on the creation of a qualifying work.The main categories of 鈥榳ork鈥 are:鈥攍iterary,...
Charges to income tax鈥攖ables These tables set out: 鈥 the charges to income tax in each of the seven categories of income tax 鈥 the person who is liable to pay that charge, and 鈥 the legislative provisions that are relevant to that charge Employment income Name of charge Person liable Legislative provisions General earnings Person to whose employment the earnings relate ITEPA 2003, ss 6, 7, 13, Pt 3 Specific employment income Person in relation to whom the income counts as employment income ITEPA 2003, ss 6, 7, 13 Pts 6, 7, 7A Pension income Name of charge Person liable Legislative provisions UK pensions Person receiving or entitled to the pension ITEPA 2003, ss 569鈥572A Foreign pensions Person receiving or entitled to the pension ITEPA 2003, ss 573鈥576A UK social security pensions Person receiving or entitled to the pension, benefit or allowance ITEPA 2003, ss 577鈥579 Pensions under registered pension schemes Person receiving or entitled to the pension under the registered pension scheme ITEPA 2003, ss 579A鈥579D...
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Statement of Changes in Immigration Rules, HC 309鈥攁nalysis [Archived] This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 309. HC 309 was issued on 7 December 2017, along with an Explanatory Memorandum (EM). It covers: 鈥 the electronic issuing of entry clearance 鈥 controversial changes to the Rules relating to indefinite leave to remain (ILR) for main applicants and their dependants in work categories, in particular on how absences from the UK are to be treated 鈥 substantial amendments to the Tier 1 (Entrepreneur) sub-tier 鈥 amendments to Tier 1 (Exceptional Talent) including: 鈼 increasing the Tier 1 (Exceptional Talent) limit to 2000 endorsements per year, with 1,000 of these to be allocated among the Designated Competent Bodies on a first-come first-served basis 鈼 introducing provision for migrants endorsed under the exceptional talent criteria to apply for ILR after three years 鈥 amendments to Tier 2 (General), including: 鈼 allowing Tier 4 (General) students to apply to switch into Tier...
Case C- 132/19 Groupe Canal + v Commission (commitments) [Archived] CASE HUB ARCHIVED鈥攖his archived case hub reflects the position at the date of the judgment of 9 December 2020; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline Appeal to the Court of Justice against the judgment of the General Court dismissing an action for annulment of the Commission鈥檚 decision to accept commitments from Paramount Pictures in the investigation into Cross-border access to pay-TV (Case AT.40023).. Latest development On 9 December 2020, the Court of Justice issued its judgment, in which it allowed the appeal and annulled the Commission鈥檚 decision to accept commitments from Paramount Pictures. The Court of Justice essentially found that the Commission failed to properly consider the pre-existing rights of a third party (Canal +) and this amounted to a violation of the proportionality principle. Parties Applicant: Groupe Canal + (Canal +) is a French film and television studio and distributor. It is owned and...
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Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority 鈥 means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...
Music publishing agreement鈥攑ro-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鈥檚 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 鈥 means each six monthly period ending on 30 June and 31 December; Advance 鈥 means all monies paid to the Writer by the Publisher other than royalties. Such...
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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鈥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: 鈥 to be identified as author or director (the right of paternity) 鈥 to object to derogatory treatment of work (the right of integrity), and 鈥 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...
Does the court have a duty to dispose of cases as soon as possible? This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules (CPR) and associated Practice Directions. There are several CPR rules that are applicable to ensuring cases are dealt with in a timely manner as set out below. Overriding objective CPR 1.1 sets out the overriding objective of the CPR, which is to enable the court to deal with cases justly and at proportionate cost. In doing so, the court must, among other things, ensure that a case is dealt with expeditiously and fairly. The court must further the overriding objective by actively managing cases and active case management includes 鈥榙eciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others鈥. While the court needs to be aware of the above, there needs to be a balance to ensure that cases are also dealt with justly. This is highlighted in the overriding objective as...
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Welcome to this week鈥檚 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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