Murder is a common law offence defined as the unlawful killing of any human being with malice aforethought

This Practice Note deals with the offence of murder. It details the elements of the offence of murder, what is meant by unlawful killing, human being, what are intervening acts, what is the consequence of the absence of a body, must there be an intention to kill or cause GBH, what happens if there is an unintended victim, the special and general defences to murder, the alternative verdicts that can be given as well as the possible sentences for murder. The offence of murder Murder is an offence that can only be tried on indictment in the Crown Court. Elements of the offence of murder The elements of the offence of murder are: • an unlawful killing • of any human being • caused by the act or omission of the defendant • with the intent to: ◦ kill, or ◦ cause grievous bodily harm Unlawful killing The unlawful killing of a human being means killing without legal justification. Legal justification might involve a killing in self-defence or as a result of bona fide

This Practice Note relates to the group of injuries which are caused or aggravated by forceful, repetitive and awkward movements with insufficient rest or recovery time. The disorders, which can be known by many collective terms, are commonly referred to as repetitive strain injury (RSI), work-related upper limb disorders or musculoskeletal disorders. This Practice Note will refer to musculoskeletal disorders because it is a neutral term in relation to causation and it is a term which can cover injuries to all parts of the body (both upper limbs and neck, leg and lower back). For an introduction on the common types of injuries, see Practice Note: Repetitive strain injury (RSI)—common injuries. Statutory regulations There are a range of statutory regulations which are applicable in this area. On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) amended section 47 of the Health and Safety at Work etc Act 1974. For breaches of duty occurring on or after that date, civil liability does not arise solely from breach of

A contractual partnership; participation financing.

Introduction—transactional Islamic finance There are a number of different opinions and principles iterated by Shari’ah board members when interpreting Shari’ah law in commercial situations thus resulting in what would appear to be discrepancies in the use of legal documentation within Islamic finance transactions. In response to these recognised market inconsistencies, there has been greater global focus upon the development of national centralised regulatory authorities on matters of Islamic finance. For example, in 2017 following the national sanction of an Islamic finance industry, the Moroccan Shari’ah Committee for Participative Finance was established by royal decree as a body of 10 Islamic scholars and financial experts to oversee and regulate the newly established financial sector. The Central Bank of Bahrain (the CBB) which has regulated the Bahrain financial sector since 2002, has similarly followed this developing regulatory trend by releasing an announcement in September 2017 to the effect that all banking reports (traditionally approved by in-house Islamic scholars) are to be subject to external audit, plus from June 2018 new rules were introduced to further

Shari’a-compliant financing arrangements (also known as Islamic financing arrangements) can take a number of forms. The UK has introduced specific provisions known as the alternative finance arrangement rules to deal with the direct tax treatment of certain forms of Shari’a financing. The UK alternative finance arrangement rules are intended to allow Shari’a financing arrangements to be treated for UK direct tax purposes in the same way as if they were a conventional loan. This treatment is dependent on the financing arrangements satisfying the relevant conditions in the legislation applicable to alternative finance arrangements. The rules currently cover five different types of financing arrangements. Some areas of tax legislation, such as VAT, however, have not introduced specific rules to deal with Islamic financing. This can result in uncertainty as to the appropriate VAT treatment of a transaction where the form may differ from the substance, including where Shari’a compliant financing is not treated in the same way as conventional financing. The direct tax rules for alternative finance arrangements

TMT analysis: Chris Recker, senior associate, Christian Beaumont, associate, and Sam Laycock, paralegal, at Duane Morris LLP, consider non-fungible tokens (NFTs), and more specifically, music NFTs, including how and why these are used and key IP issues to which they give rise.

This Practice Note examines copyright as it applies to music. It provides guidance on copyright-focused case law and provides worked examples relevant to the key issues of: dealing with protected works; authorship and ownership; qualification; duration; infringement; and defences and permitted acts, all geared toward the music and entertainment sector. Where the relevant requirements are met, copyright arises automatically and it is not necessary to register it. For more guidance generally in relation to the subsistence of copyright, see Practice Note: Copyright—subsistence and qualification. Court of Justice judgments This Practice Note refers to judgments from the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Protected works In the context of music, under the Copyright, Designs and Patents Act 1988 (CDPA 1988), copyright subsists in the following categories of works: • original literary or musical works (recorded in some form), and • sound recordings A ‘musical work’ is a ‘work consisting of music, exclusive of any words or action intended

This Agreement is made on [insert date] PARTIES 1 [Insert artist name] of [insert artist address] (hereinafter called the ‘Artist’); and 2 [Insert licensee name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office address] (hereinafter called the ‘Company’ which expression includes its successors and assigns). THE PARTIES AGREE: 1 Definitions and interpretation 1.1 The following definitions apply in this Agreement: Advance • has the meaning given to it in clause 7 below; Agreement • means this Agreement and any and all schedules and annexes attached to it or incorporated in it by reference; Artist’s Name • means ‘[insert the Artist’s professional name]’; Artist’s Property • means the Artist’s Name, plus any characters, symbols, logos, identifying indicia, designs, or Artwork Materials belonging or relating to the Artist (or to the Artist’s Name) and all or any intellectual property rights and/or other like property rights of every type and nature in each case relating to the Artist or the Artist’s Name and any likeness or visual representations of the same (including logos, copyrights and trade marks); Artist Webstore • means

This Agreement is made on [insert date] PARTIES 1 [Insert licensor/artist name] of [insert artist address] (the ‘Artist’); and 2 [Insert licensee name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office address] (‘Company’, which expression includes its successors and assigns). The parties agree: 1 Definitions and interpretation 1.1 The following definitions apply in this Agreement: Advance • has the meaning given to it in clause 7 below; Agreement • means this Agreement and any and all schedules and annexes attached to it or incorporated in it by reference; Artist’s Name • means ‘[insert the Artist’s professional name]’ and/or such other professional name(s) as may from time to time use during the Term; Artist’s Property • means the Artist’s Name, characters, symbols, logos, identifying indicia, designs, Artwork Materials and all or any intellectual property rights and/or other like property rights of every type and nature in each case relating to the Artist and the Artist’s Name or other professional name(s), likeness and visual representations including logos, copyrights and trade marks incorporated therein or relating thereto; Artist Webstore

This Practice Note deals with music collecting societies, which may also be ‘licensing bodies’, and/or ‘Collective Management Organisations’ (CMOs). It covers: the need for music collecting societies; how collecting societies operate; and, the regulation of music collecting societies. It then provides detailed information on PRS for Music (PRS) and Phonographic Performance Limited (PPL) (including their members and rights they represent), as well as the joint venture PPL PRS Ltd and TheMusicLicence. This Practice Note also addresses practical points to consider when dealing with music collecting societies. The need for music collecting societies and the legal framework The owner of the copyright in a work such as a musical work or a sound recording has the right to authorise or prohibit certain restricted acts. In the UK, these acts are set out in Chapter II of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The restricted acts include the right to copy the work, to perform or play the work in public, and to communicate the work to the

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’s 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 • means each six monthly period ending on 30 June and 31 December; Advance • means all monies paid to the Writer by the Publisher other than royalties. Such sums shall be treated as Advances against and to be first deducted from royalties payable by the Publisher to the Writer so that no royalties shall become payable to the Writer until all such monies