Case studies

"It really is saving us a huge number of hours over the days, weeks and months. Having more relevant support at hand, not having to draft or review documents them from scratch - it all adds up."

Southampton FC

Access all 5 documents on Equitable remuneration

GET ACCESS NOW

GLOSSARY

Equitable remuneration definition

Published by a LexisNexis IP expert

What does Equitable remuneration mean?

A right to equitable remuneration is granted in relation to certain rights related to copyright.

The rights of equitable remuneration can be contrasted with exclusive rights. The former allows the right holder to an objectively equitable remuneration and the latter allows the right holder to set the level of remuneration.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Performers’ rights and rights in performances

Protection for performersThis Practice Note summarises the rights known as performers’ rights which subsist in the UK under Part II of the Copyright, Designs and Patents Act 1988 (CDPA 1988). CDPA 1988, ss 180–212A (Pt II) gives performers and those having exclusive recording contracts with performers various civil rights and also imposes criminal liability for making, dealing with or using illicit recordings.The rights granted by CDPA 1988, ss 180–212A (Pt II) are separate from and independent of any copyright or moral rights that may exist in underlying works (governed by CDPA 1988, ss 1–179 (Pt I)). The Part II rights relate to the protection of the performance itself rather than the underlying work. CDPA 1988, s 16(1)(c) gives copyright owners the exclusive right to perform certain types of work in public, or to authorise others to perform them: this right is often called ‘performance right’ but must not be confused with the Part II rights in performances.Performers’ rights protect a performer’s live or recorded dramatic and musical performances from having unauthorised...

Agreement on trade-related aspects of intellectual property rights

Agreement on trade-related aspects of intellectual property rights Introduction to the Agreement on trade-related aspects of intellectual property rights Prior to the World Trade Organization’s (WTO) Agreement on Trade-related Aspect of Intellectual Property Rights (TRIPS Agreement) the General Agreement on Tariff and Trade (GATT) 1947 contained some provisions related to intellectual property rights. These included: • Article IX(6) on marks of origin. Member States must co-operate to prevent the use of trade names in such a manner as to misrepresent the true origin of a product, to the detriment of distinctive regional or geographical names of products that are protected by legislation. • Article XX(d) on protection of patents, trade marks, copyrights and prevention of deceptive practices. Member States are allowed to adopt or enforce measures necessary to ensure compliance with laws (which are not inconsistent with the GATT) relating to the protection of patents, trade marks, copyrights and prevention of deceptive practices. • Article III on national treatment and protection of domestic production. Article III requires that Member...

Discover our 1 Practice Notes on Equitable remuneration

Letter agreement for filming of group performance

Letter agreement for filming of group performance From: [name of company] of [address] (the ‘Company’) To: [name of artists] of [address] (together, ‘you’ or ‘your’) Dated: [Date] Dear [name of artists] Filming performance by [insert group name] for [specify event or purpose] This letter is to confirm the agreement between you and the Company for the engagement of your services as a group of performing artists subject to the following terms and conditions in connection with the filming and recording of an audio-visual production of your [live OR studio] performance (the ‘Production’) that the Company intends but does not undertake to produce. 1 Engagement The Company engages you and you agree to render to the Company your services as a group of performing artists on [dates] at [times] at [venues] and to perform the programme of works listed in Schedule 1 (Programme of Works) or such other works as the Company may agree with you for the purpose of...

Letter agreement to commission development material for an audiovisual work

Letter agreement to commission development material for an audiovisual work From: [name] of [address] (the Company) To: [name] of [address] (the Producer) Dated: [date] Dear [insert organisation name] [name of project] This letter (the Commissioning Letter) sets out the terms and conditions of the agreement which we have reached in connection with the production of certain development material for the proposed [describe nature of proposed production] based upon the outline attached in Schedule 1 with the above tentative title ([describe nature of proposed audiovisual work]) (Outline) which the Company intends, but does not undertake to produce. 1 The Company engages the Producer upon the Company’s standard development terms and conditions (Standard Conditions) contained in the attached Schedule 3 to produce and deliver to the Company by the relevant dates listed in Schedule 2 (Delivery Dates) the development material listed in Schedule 2 (Development Material). 2 On delivery to the Company of the Development Material by the relevant Delivery Dates, the Company...

Dive into our 4 Precedents related to Equitable remuneration