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Ownership issues may arise when companies contract out work projects to third parties who develop work on their behalf, such as an advertising agency commissioned to produce material for printed advertising or to be featured on the company's website. Therefore it is important to identify the owner of the copyright work. The first owner of any copyright in a work is usually the creator (known as the author), for example, an author, artist, designer or computer programmer. Title and ownership should be established before selling, licensing or adapting a work.
Where use of the commissioned work is not dealt with specifically under the terms of an agreement, the author retains the ability to control the ways in which the copyright work is exploited. This may affect the commissioner's ability to copy, publish and disseminate the work. A lack of certainty may lead to a legal dispute about what the commissioner can do; the author may seize the opportunity to negotiate further payment for use.
Courts may (or may not) be willing to find that there is an implied licence from the contractor to the commissioner, for example where an event involving copyright
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Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the judicial review procedure;
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a
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