Joint authorship definition

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Ownership and issues regarding copyright works created at home—checklist

Ownership and issues regarding copyright works created at home—checklist Employees and contractors are increasingly working more from home. This has resulted in an increase in content being created at home and posted or shared online, for example by teachers to share with their pupils via video communications. When content is created at home in these circumstances, the ownership of IP rights, use of third-party material and infringement of third-party rights should be considered. For further information on issues raised by this Checklist, see Practice Notes: • Copyright—protectable works • Copyright—authorship and ownership • Copyright & associated rights—overview • Copyright infringement • Copyright—secondary infringement • Copyright infringement—remedies • Copyright—permitted acts and defences • Joint ownership of intellectual property rights The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Copyright origination ☐ Identify the copyright work. Copyright is an unregistered right—it comes into being automatically on the creation of a qualifying work.The main categories of ‘work’ are:—literary,...

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Copyright infringement in the music industry

‘Copyright’ is a property right that subsists in various categories of work:•original literary, dramatic, musical or artistic works•sound recordings, films, broadcasts or cable programmes, and•the typographical arrangement of published editionsCopyright gives the owner of the work the exclusive right to do, and authorise others to do, certain acts in relation to that work. In the UK, copyright works have been formally categorised in the Copyright, Designs and Patents Act 1988 (CDPA 1988).Once a work has been recorded in some manner and provided the work is original, copyright will come into existence. For example, the notes and lyrics of a song will attract copyright protection if they are recorded on paper or electronically. Note that CDPA 1988 does not define originality.It is not necessary for the work to be registered to attract copyright protection.Court of Justice judgmentsThis Practice Note contains references to Court of Justice judgments. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law.Rights of the copyright ownerIn relation...

Music and copyright

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, defences and permitted acts, all geared toward the music and entertainment sector.When the relevant copyright 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 judgmentsThis 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 worksIn 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 recordingsA ‘musical work’ is a ‘work consisting of music, exclusive of any words or action intended to be sung, spoken...

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What does it mean when a party waives or asserts its ‘moral rights’ in a building contract or consultant appointment?

What does it mean when a party waives or asserts its ‘moral rights’ in a building contract or consultant appointment? Moral rights in intellectual property provisions Intellectual property is an important issue in relation to construction projects. The parties that own the copyright in designs and specifications want to protect their rights—the parties who need to use the copyright material, both during the construction works and once the building/project is completed, want to make sure that they have adequate rights to do so without infringing copyright. See Practice Notes: Copyright in construction contracts and Copyright in a consultant's appointment for information on copyright matters in construction. It is standard practice, therefore, to include provision within a building contract, consultant appointment, collateral warranty or other construction contract which deals with intellectual property rights. Typically, a contractor/consultant/sub-contractor grants a licence to the party that it has contracted with, allowing that party to use the relevant copyright material for a broad list of purposes—usually including matters such as the construction, maintenance...

If someone hires a photographer for a photo shoot, who owns the copyright of the images provided and does the photographer have the right to sell the images?

If someone hires a photographer for a photo shoot, who owns the copyright of the images provided and does the photographer have the right to sell the images? Are the photographs protected by copyright? While copyright protection should not be automatically assumed for photographic images, most original photographs, particularly images taken by a professional photographer, qualify for copyright protection as artistic works. For more information on whether copyright subsists in a photograph, see Practice Notes: The scope of photographic copyright and Copyright—subsistence and qualification. Who owns the copyright in the photographs? The owner of any copyright that subsists in a work is the author unless the copyright work is made by an employee in the course of their employment, in which case their employer is the first owner of any copyright in the work, subject to any agreement to the contrary (section 11 of the Copyright, Designs and Patents Act 1988 (CDPA 1988)). In the scenario described, the author would usually be the photographer who has been commissioned...

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Commercial weekly highlights—21 January 2021

This week’s edition of Commercial weekly highlights includes: the latest Brexit transition guidance, analysis of the Supreme Court’s landmark judgment in the coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance) and analysis of the decision in YJB Port v M&A Pharmachem relating to claims for damages and causation of loss where specific discrete breaches of contract occur in addition to anticipatory repudiatory breaches of contract resulting in early termination.

TMT—Lexis®PSL comments on key developments in 2018 and 2019

In this year’s end of year comment, our Lexis®PSL TMT team considered what their standout legal development was in TMT in 2018. Our Lexis®PSL team also previews the anticipated talking points for TMT in 2019.