A performer has the right to prevent the distribution of the performer's work.
A performer's rights are infringed by a person who, without his consent, issues to the public copies of a recording of the whole or any part of a qualifying performance. The issue to the public of copies of a recording are to the act of putting into circulation in the EEA copies not previously put into circulation in the EEA by or with the consent of the performer, or the act of putting into circulation outside the EEA copies not previously put into circulation in the EEA or elsewhere.
STOP PRESS: The Retained Vertical Agreements Block Exemption, Retained Regulation (EU) 330/2010 (UK Retained VBER) expired on 31 May 2022. On 9 May 2022, the UK government laid before Parliament the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (UK VABEO), SI 2022/516. The UK VABEO replaced the UK Retained VBER on 1 June 2022. See Practice Note: UK block exemptions revision—tracker. The EU Vertical Restraints Block Exemption, Regulation (EU) 330/2010 (outgoing EU VBER) expired on 31 May 2022. On 10 May 2022, the European Commission adopted the EU Vertical Restraints Block Exemption, Regulation (EU) 2022/720 (new EU VBER) and Vertical Guidelines that replaced the outgoing EU VBER on 1 June 2022. See Practice Note: EU block exemptions revision—tracker.Both the UK and EU regime provide for a 12-month transition period to accommodate pre-existing agreements which satisfied the conditions for exemption provided in the UK Retained VBER and the outgoing EU VBER respectively, but which do not otherwise satisfy the conditions for exemption provided in their respective replacements.This Practice Note is under review and will be updated to reflect the requirements of the new block exemptions.As of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered a transition or implementation period of 11 months until 31 December 2020, during which
Intellectual property and antitrust—India—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to intellectual property and antitrust in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021). Authors: Chadha & Chadha Intellectual Property Law Firm—Tarun Gandhi; Nanki Arneja; Vishakha Bhanot 1. Under what statutes, regulations or case law are intellectual property rights granted? Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred? Do the rights exceed the minimum required by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)? Intellectual property laws in India provide well-established statutory, administrative and judicial framework for safeguarding IP in India. Broadly, the following Acts deal with the protection of IP rights: • the Patents Act 1970; • the Trade Marks Act 1999; • the Copyright Act 1957; • the Designs Act 2000; • the Geographical Indications of Goods (Registration and Protection) Act 1999; • the Semiconductor Integrated Circuits Layout Design Act 2000; • the Protection of Plant Varieties and Farmers' Rights Act 2001; • the Information Technology Act 2000; • the Biological Diversity Act 2002; and • the Customs Act 1962. These Acts have corresponding rules of practice to enable the exercise of their respective provisions and are compliant with TRIPs. The enforcement, licensing or transfer of these IP rights is subject to the provisions of these statutes. There are specific requirements for each of these in each
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Literary rights option agreement This Agreement is made on [insert date] between the following parties (each a ‘party’ and together the ‘parties’): 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 • means the Copyright, Designs and Patents Act 1988; Final Budget • means the above and below the line production budget of the applicable Production (as approved by the financiers of the Production) less any contingency, completion guarantee fees, finance fees (being commitment and finders’ fees and the like) and interest, financier overhead fees, insurance costs, legal and accountancy fees, deferments and the sums payable to the Author under clauses 2.1, 4.1 and 4.4; Merchandising Rights • means the merchandising and commercial tie up rights in relation to the Work, the Rights and the
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An EU market in second hand software has developed since the Court of Justice ruling in UsedSoft v Oracle, Case C-128/11. Once the Brexit implementation period ends, what changes will there be in how that ruling applies in the UK in respect of second hand software? UsedSoft In 2012, the decision of the Court of Justice in UsedSoft v Oracle opened the door to a market for second-hand software in the EEA. Specifically, it concerned the ‘sale’ of perpetual licences for a one-off fee and the interpretation of Article 4(2) of Directive 2009/24/EC (the Software Directive) as it related to onward sales. Article 4(2) of the Software Directive states: ‘The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof.’ In UsedSoft, the Court of Justice found that the rights in a computer program, subject to a perpetual licence and a lump sum payment, were exhausted on the ‘sale’ of a copy whether in physical or online form, provided the first purchaser relinquishes their copy (second hand software). The one-off licence can then be sold freely on the second-hand market provided certain additional conditions are met. On the facts of the UsedSoft case, Oracle customers
Can a producer of an audio-visual work (an advert) shown on TV ‘buy out’ the rights of an actor who features in the work as opposed to using a repeat fee model for payment? For the purposes of this Q&A, ‘buy out’ refers to a one-off fee rather than repeat fees. In the scenario described, the typical intellectual property rights of patents, trade marks, designs and copyright are unlikely to be relevant. For example, any copyright in the audiovisual work as a dramatic work is unlikely to be owned by the actor unless they are also the author of the scenario for the advert. The actor does hold rights in their performance. Part II of the Copyright Designs and Patents Act 1988 (CDPA 1988) confers certain exclusive rights on performers. Performers rights arise automatically if the performance is a ‘qualifying performance’ (for further detail, see Practice Note: Performers’ rights and rights in performances). A performance is defined by CDPA 1988, s 180(2) as a dramatic performance, a musical performance, a reading or recitation of a literary work or a performance of a variety act or any similar presentation which is a live performance given by one or more individuals. Although the performance must be live, that does not mean it needs to be
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TMT analysis: the Court of Justice has given a ruling that Article 3(1) and Article 4 of the InfoSoc Directive should be interpreted as meaning that the Article 4 distribution right would not apply to the supply of e-books by downloading online for permanent use but that the Article 3 right of communication to the public would apply to such downloading. In making this finding the court acknowledged that the doctrine of exhaustion is excluded from the communication to the public right under Article 3(3) of the InfoSoc Directive.
This week’s edition of TMT weekly highlights starts with news of the Queen’s speech and includes: the Advocate General’s opinion in Schrems II, BEREC’s report setting out the impact of 5G on regulation, an analysis of the general election results and a preliminary ruling regarding the meaning of words contained in a credit report and whether they were defamatory at common law.
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The issue to the public of copies of the work1 is an act restricted by the copyright2 in every description of copyright work3.References in the Copyright, Designs and Patents Act 19884 to the issue to the public of copies of a work are references to the act of putting into circulation in the United Kingdom5 copies not previously put into circulation in the United Kingdom or the EEA6 by or with the consent of
Distribution right is referenced 1 in Halsbury's Laws of England
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