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GLOSSARY
A copyright owner (and performer) has certain moral rights.
PRACTICE NOTES
The nature of moral rights The Copyright, Designs and Patents Act 1988 (CDPA 1988) confers a number of personal rights on authors that are additional to their economic rights. These are known as moral rights. While copyright deals with economic interests, moral rights are about the reputation and integrity of the author that is publicly associated with the work. Reference is sometimes made to ‘copyright and associated rights’—moral rights are a subcategory of these ‘associated rights’. While distinct from copyright, they do not arise where copyright does not arise. Article 6bis(1) of the Bern Convention provides: '(1) 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 to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.' The CDPA 1988 implements this right into UK law giving: • authors of copyright literary, dramatic, musical or artistic works and the directors of copyright
GLOSSARY
Moral rights are the rights to be identified as author of a work or director of a film (right of paternity); to object to derogatory treatment of a work or film (right of integrity); to have a work or film falsely attributed to an author or director (false attribution right) and to privacy of certain photographs and films. Moral rights must be asserted in writing, but can be waived. The rights do not apply to software, to employers' copyrights, or to material in periodicals or reference works.
GLOSSARY
The period when actions by creditors are suspended, usually by operation of law.
PRACTICE NOTES
The Insolvency Act 1986, s A1 (IA 1986) provides for an process whereby directors of insolvent companies, or companies that are likely to become insolvent, can obtain a moratorium, initially for a 20 business day period (which can be extended in some circumstances). The process is supported by Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 1A.1. The moratorium is designed to allow viable businesses time to restructure or seek new investment free from creditor action. The legislative framework for the moratorium process was inserted into IA 1986 by provisions in the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which was enacted quickly, spurred on by the coronavirus pandemic. The moratorium is overseen by an insolvency practitioner acting as a ‘monitor’, although the directors will remain in charge of running the business on a day-to-day basis subject to certain constraints. This is sometimes known as a ‘debtor-in-possession’ process with the company being the ‘debtor’. The moratorium is free-standing, meaning it is not tied to any particular insolvency or restructuring process. This can be contrasted
PRACTICE NOTES
Part A1 of the Insolvency Act 1986 (IA 1986) provides for an insolvency process whereby directors of insolvent companies, or companies that are likely to become insolvent, can obtain an initial 20 business day moratorium period. This process is designed to allow viable businesses time to restructure or seek new investment free from creditor action. The moratorium is overseen by an insolvency practitioner acting as a ‘monitor’, although the directors will remain in charge of running the business on a day-to-day basis (known as a ‘debtor-in-possession’ process with the company being the ‘debtor’) subject to certain constraints. The intention is to provide a streamlined procedure that keeps administrative burdens to a minimum, makes the process as quick as possible and does not add disproportionate costs on to struggling businesses. This Practice Note considers the extension, termination and challenges to the moratorium. For information on how the moratorium may be commenced, what action may be taken during the moratorium and potential areas of difficulties, see Practice Note: Moratorium. The moratorium process requires a number of notifications
PRACTICE NOTES
Scope Part A1 of the Insolvency Act 1986 (IA 1986) provides for an insolvency process whereby directors of insolvent companies, or companies that are likely to become insolvent, can obtain an initial 20-business day moratorium period. This process is designed to allow viable businesses time to restructure or seek new investment free from creditor action. The moratorium is overseen by an insolvency practitioner acting as a ‘monitor’, although the directors will remain in charge of running the business on a day-to-day basis (known as a ‘debtor-in-possession’ process, with the company being the ‘debtor’) subject to certain constraints. The intention is to provide a streamlined procedure that keeps administrative burdens to a minimum, makes the process as quick as possible and does not add disproportionate costs on to struggling businesses. Part 1A of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016), provide procedural rules for the company moratorium procedure. For further reading on the moratorium process, see Practice Notes: • Moratorium • Moratorium extension and termination CE-filing can be used to obtain a moratorium.
NEWS
Restructuring & Insolvency analysis: In Together Commercial Finance Ltd v Slack, the High Court held that Law of Property Act receivers could sell a third-party chargor’s property notwithstanding the chargor’s mental health crisis moratorium, because the charge secured only the corporate borrower’s liabilities, not the chargor’s separate covenant liability. The decision turns on close construction of the security documents: a limitation of recourse to charged property did not transform the charge into security for the chargor’s own debt. For lenders, narrowly drafted third-party security may therefore permit enforcement where the underlying corporate debt is not a moratorium debt. The judgment also highlights continuing uncertainty in the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (2020 Regulations), particularly as to enforcement where the secured liability itself is subject to a moratorium. Produced in partnership with Piers Digby of Radcliffe Chambers.
NEWS
Restructuring & Insolvency analysis: The moratorium in administration did not prevent an injunction from continuing following a claim brought under Insolvency Act 1986 if there was sufficient risk of unfair harm to the applicant.
GLOSSARY
The health statistics used in the pricing of contracts such as critical illness cover.
NEWS
69 additional community organisations have been added to the original four on the Home Office’s list of organisations which are receiving funding to assist vulnerable individuals with creating a UK Visas and Immigration (UKVI) account and accessing their eVisa. The initial list was published on 18 September 2024.
NEWS
Law360: An Irish aircraft operating company has added 24 reinsurers to its lawsuit that aims to recover US$44m to cover the loss of a plane leased to a Russian airline and held there after the country's invasion of Ukraine.