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GLOSSARY
Orphan works are copyright-protected works where one or more rightsholders cannot be identified or located after a diligent search, so permission to use the work cannot be obtained in the usual way. They typically include older books, photographs, films, broadcasts, unpublished manuscripts and archival material.In the UK (England and Wales, Scotland and Northern Ireland), “orphan work” is a recognised concept in copyright legislation, particularly the Copyright, Designs and Patents Act 1988 as amended and related regulations implementing the EU Orphan Works Directive (before Brexit). A specific orphan works licensing scheme is administered by the UK Intellectual Property Office, allowing certain uses following a recorded diligent search and payment of licence fees.In Ireland, the term is also used in the context of EU-derived copyright law and the implementation of the Orphan Works Directive, principally for cultural heritage institutions (such as libraries, archives and museums) making digitised materials available.For legal practitioners, orphan works raise issues around risk management, evidencing diligent search, limitations on permitted uses, liability for infringement, and the interaction with statutory exceptions, collective licensing, moral rights and duration of copyright protection.
PRACTICE NOTES
The orphan works problem Orphan works are those copyright works where the rights holder is not known or cannot be located and include, by way of example, books, films, music and photographs. The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to a copyright work. Activities set out in CDPA 1988, such as copying and communicating to the public, carried out by those other than the copyright owner, without permission, may infringe the owner’s exclusive rights. Orphan works cannot be copied or published without the permission of the rights holder without risk of copyright infringement, which hampers the use of orphan works in, for example, books, TV programmes, exhibitions and on websites. For further context on where orphan works fit into the area of copyright and associated rights, see: Copyright & associated rights—overview. The orphan works problem has resulted in large quantities of copyright works remaining unused, whether for cultural or commercial purposes. The Orphan Works Impact Assessment (No: BIS1063)
GLOSSARY
A method of digital modulation in which a signal is split into several narrowband channels at different frequencies in order to minimise interference among channels that are close in frequency. OFDM is used in European digital audio broadcast services, and also in wireless LANs (Local Area Networks).
NEWS
Law360: An Osborne Clarke LLP partner who represented Nadhim Zahawi could face a disciplinary tribunal over allegations that he used intimidatory warnings in an attempt to silence a critic who was probing the former Conservative chancellor's tax affairs.
NEWS
Arbitration analysis: The French Supreme Court reversed the Paris Court of Appeal decision dated 30 March 2021 which had set aside a US$1.1bn award against Russia for the expropriation of Oschadbank’s assets in Crimea. The Supreme Court examined whether Article 12 of the Ukraine-Russia bilateral investment treaty (BIT), which provides that the BIT applies to the investment carried out after a specific date, constitutes a condition for a tribunal jurisdiction. The court concluded that Article 12 of the BIT did not pertain to the ratione temporis jurisdiction of the arbitral tribunal. Instead, Article 12 contains a substantive rule which is beyond the scope of judicial review. Written by Anna Guillard Sazhko, independent counsel and arbitrator, Paris and Ukraine bars.
PRACTICE NOTES
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of head injury, including concussion (mild traumatic brain injury), for personal injury lawyers handling head and brain injury claims. Generally, what is it? Pathology and causes • external force to head leads to brain injury (stretching, compression, impact, rotational) leading to cellular dysfunction Signs and symptoms • mental-status change • consciousness loss • headache • irritability • lethargy • vomiting • seizure Diagnosis Diagnostic imaging • concussion ◦ neuro-imaging rules out more extensive injury • shaken baby syndrome ◦ fundoscopy (retinal haemorrhage), neuro-imaging reveals characteristic intracranial injury (intracranial haemorrhage, oedema) Other diagnostics • concussion ◦ functional assessment Treatment Surgery • significant injury ◦ drain ventricle if needed ◦ drain intracranial haemorrhage if required Other interventions • mild injury ◦ rest • significant injury ◦ monitor intracranial pressure (ICP) Concussion Pathology and causes • also known as mild traumatic brain injury • direct blow to head, face, neck, other body
PRACTICE NOTES
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of neuropathies, with a focus on carpal tunnel syndrome, for personal injury lawyers handling repetitive strain injury and workplace-related claims. For further guidance, see: Osmosis from Elsevier video: Carpal tunnel syndrome—causes, symptoms, diagnosis, treatment & pathology. Generally, what are they? Pathology and causes • peripheral nervous system (PNS) disorders caused by neuronal damage Signs and symptoms • impairment or loss of motor or somatosensory function; ‘pins and needles’ sensation (paraesthesia) Diagnosis • history: characteristic symptoms, sometimes preceding injury Diagnostic imaging • imaging for some conditions Other diagnostics • electromyography (EMG), nerve conduction studies (NCS) Treatment Medications • for neuropathic pain Surgery • surgery to relieve nerve compression Other interventions • physiotherapy ◦ helps restore muscle function (if nerves are not severed, it may help motor function with partial lesions) • splinting (eg wrist, ankle) Mnemonic DANG THERAPIST Peripheral neuropathies common differential diagnosis • Diabetes • Amyloid • Nutritional (eg B12 deficiency) • Guillain-Barré • Toxic (eg amiodarone) • Hereditary
PRACTICE NOTES
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of respiratory tumours, with a focus on mesothelioma, for personal injury lawyers handling asbestos claims and industrial disease litigation. For further guidance, see: Osmosis from Elsevier video: Mesothelioma—causes, symptoms, diagnosis, treatment & pathology. Generally, what are they? Pathology and causes • uncontrolled division of epithelial cells lining respiratory tract leads to formation of solid tumour • mutated cells become cancerous ◦ resist inhibitory signals, evade immune surveillance • malignant tumours invade basement membrane ◦ carcinoma in situ • metastasis ◦ malignant tumours establish secondary tumours at distant site; lung cancer metastasises quickly ◦ common sites: mediastinum, hilar lymph nodes, lung pleura, breasts, liver, adrenal glands, brain, bones Types Small-cell • small, immature, neuroendocrine cells; divide rapidly, spread quickly Non-small-cell (most common) • large cells; divide, spread slowly ◦ adenocarcinoma (goblet cells) ◦ squamous cell carcinoma (squamous cells) ◦ large cell carcinoma ◦ carcinoid tumours (mature neuroendocrine cells) Nonspecific classification • small-cell carcinoma with poorer prognosis Risk
PRACTICE NOTES
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of spinal cord injury, with a focus on cauda equina syndrome, for personal injury and clinical negligence lawyers handling spinal injury claims. Clinical negligence lawyers should refer to UK national guidance and accepted standards of care when considering clinical practice and breach of duty. For further guidance, see: Osmosis from Elsevier video: Cauda equina syndrome—causes, symptoms, diagnosis, treatment & pathology. Generally, what is it? Pathology and causes • damage and inflammation of spinal cord leads to loss of function, sensation Risk factors • traumatic spine injury, tumours, inflammatory disease Signs and symptoms • Brown–Sequard syndrome (BSS) ◦ contralateral loss of pain, temperature; ipsilateral hemiparesis • Cauda equina syndrome (CES) ◦ severe
PRACTICE NOTES
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of trauma and abuse-related disorders for personal injury lawyers handling psychiatric injury and psychological harm claims. For further guidance, see: Osmosis from Elsevier video: Post-traumatic stress disorder (PTSD)—causes, symptoms, diagnosis, treatment & pathology and Osmosis from Elsevier video: Somatic symptom disorder—causes, symptoms, diagnosis, treatment & pathology. Generally, what are they? Pathology and causes • mental disorders caused by or associated with past traumatic or stressful event • abuse—intentional mistreatment of others; may be directed at anyone and often features children or the elderly ◦ increases risk of the target developing a mental disorder, generally results in depression or aggressiveness and may incite post-traumatic stress disorder • psychological symptoms lead to behavioural changes • individuals might self-medicate with substance use Signs and symptoms • anxiety or fear associated with traumatic or stressful stimuli • reduced pleasure, self-acceptance, depression, anger, aggressiveness,
PRACTICE NOTES
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of trauma complications, with a focus on compartment syndrome. Clinical negligence practitioners should refer to UK national guidance and accepted standards of care when considering clinical practice and breach of duty in clinical negligence claims. For further guidance, see: Osmosis from Elsevier video: Compartment syndrome—causes, symptoms, diagnosis, treatment & pathology. Generally, what are they? Pathology and causes • disorders following traumas such as fractures, penetrating trauma, crush injuries, lacerations, haemorrhage, etc • affected tissue damage leads to tissue homeostasis disruption ◦ compartment syndrome—increased tissue pressure leads to blood flow disruption, then tissue ischaemia and necrosis • ◦ rhabdomyolysis—damaged tissue contents release into bloodstream Signs and symptoms • pain, bleeding and tenderness are common, and some presentations may become limb-threatening or life-threatening conditions Diagnosis Lab results • complete blood count (CBC), metabolic panel, muscle enzymes, urinalysis Other diagnostics • assess injury mechanism Treatment
PRACTICE NOTES
This Practice Note, produced in partnership with Osmosis from Elsevier, provides a concise medical overview of upper limb injury, with a focus on rotator cuff tears, for personal injury lawyers handling orthopaedic and accident-related claims. For further guidance, see: Osmosis from Elsevier video: Rotator cuff tear—causes, symptoms, diagnosis, treatment & pathology. Generally, what is it? Pathology and causes • upper limb joint damage, dislocation • weakening or damaging of ligaments, tendons leads to distortion of normal anatomical joint structure, function loss or impairment Causes • trauma, overuse Signs and symptoms • pain, swelling, numbness • reduced range of motion • visible and palpable malformations Diagnosis Diagnostic imaging X-ray • dislocation • distorted articular spaces • fractures MRI • damaged ligaments and soft tissue Ultrasound • soft tissue damage • tendon dislocations Other diagnostics • physical examination ◦ reduced range of motion ◦ visible dislocation ◦ swelling Treatment Medications • pain management ◦ sedation, analgesia Surgery • joint reduction Other interventions • rest, ice • physical rehabilitation Dislocated shoulder Pathology