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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 in film and television—making a new film

Copyright in film and television—making a new film This Practice Note considers film and television copyright issues relating to the underlying works encountered during the making of a film. It covers literary works such as scripts, biographies, characters, set design and location, photographs, the right to privacy of certain photographs or films, music, and performances. This Practice Note also covers copyright permitted acts or exceptions that may apply when various works are included in a film—including fair dealing exceptions, incidental inclusion, reporting court proceedings, filming in a public place, and public interest. When making a new film or television programme, a number of individual different copyright works will comprise the film depending on the type of production being made, eg a drama or a factual documentary. This Practice Note looks at some of the common underlying works incorporated into film and television productions. Some of these works will not automatically belong to the production company making the film so it is essential to take either an assignment or...

Copyright—permitted acts and defences

Copyright—permitted acts and defences There are a number of specific exceptions to copyright infringement, the majority of which are laid down by the Copyright, Designs and Patents Act 1988 (CDPA 1988). These are known as permitted acts. The permitted acts which apply to copyright are numerous with many also applying to protected rights in databases. If other causes of action apply such as a claim for breach of confidence then the permitted act exception will not extend to the breach of confidence claim. Permitted acts can be relied on for criminal offences as well as in civil proceedings. The aim of having permitted acts is to allow, if certain conditions are met, public interest to overrule the private interests of the copyright owner. The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement that provides for copyright exceptions to the reproduction right in certain special cases. Article 9 of the Berne Convention provides the so called Berne three-step test: ‘It shall...

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Copyright assignment—pro-assignee

Copyright assignment—pro-assignee This DEED is made on [insert date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignee) each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties. Background (A) The Assignor is the [author AND/OR exclusive] proprietor of certain rights in the [insert description, eg literary] works. (B) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (C) The Assignor agrees to assign their rights in such works to the Assignee and the Assignee agrees to accept the assignment in accordance with the terms of this Deed. THIS DEED PROVIDES: 1 Definitions and interpretation 1.1 In this Deed: Affiliate • means any entity that directly...

Publishing agreement—pro-publisher

Publishing agreement—pro-publisher This Agreement is made on [date]. Parties 1 [[Author’s name] of [insert address] OR [Company name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office]] (the [Proprietor]); and 2 [Publisher name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the [Publisher]). The parties agree: 1 Definitions and interpretation 1.1 In this Agreement the following terms shall have the following meanings: Accounting Date • means the date 90 days from the end of each Accounting Period; Accounting Period • means successive periods ending on 30 June and 31 December in each year; Advance • means [the non-refundable but fully recoupable sum of £[amount]; OR the monies payable under clause [number] on the fulfilment of certain events in advance of royalty or other payments;] [Agent • means [insert author’s agent’s name];] Audio Format • means the exploitation of the...

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Can a company have moral rights?

Can a company have moral rights? Moral rights The Berne Convention art 6 bis states that, 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 object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his/her own work, that would be prejudicial to his/her honour or reputation. Moral rights are therefore personal to the author. Sections 77–79 of the Copyright, Designs and Patents Act 1988 (CDPA 1988), provide that the authors of copyright literary, dramatic, musical or artistic works and the directors of copyright film works have the right: • to be identified as author or director (the right of paternity) • to object to derogatory treatment of work (the right of integrity), and • not to have work falsely attributed to them as author or director Exercising moral rights For further detail on exercising moral rights, see Practice Note: Moral...

Does the Copyright, Design and Patents Act 1988 apply in Jersey?

Does the Copyright, Design and Patents Act 1988 apply in Jersey? As a general rule, UK primary legislation does not, of itself, ordinarily apply to Crown dependencies. Only in relatively rare cases, with the agreement of the Crown dependencies concerned, will the Copyright, Design and Patents Act 1988 (CDPA 1988) be expressed to apply directly. The Bailiwick of Jersey is a self-governing Crown dependency with its own legislative assembly and systems of law and administration including intellectual property laws: • Trade Marks (Jersey) Law 2000 • Patents (Jersey) Law 1957 & Rules 1958 • Registered Designs (Jersey) 1957 • Intellectual Property (unregistered rights) (Jersey) Law 2011 CDPA 1988 is the main UK legislation on copyright. It confers copyright to creators of certain works under CDPA 1988, Pt I. Rights on performances are dealt with under CDPA 1988, Pt II. Copyright works and performances may qualify for protection by virtue of their connection with a territory which is or was a British dependency. (For background and context,...

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EU Law weekly highlights—28 November 2024

This week's edition of EU Law weekly highlights includes the finalisation of the EU’s budget for 2025 and the final approval of Ursula von der Leyen’s second Commission. In addition, this week, revisions to the EU CLP Regulation and a recast of the Ambient Air Quality Directive were published in the Official Journal, the European Chemicals Agency published a progress report on the proposal for a sweeping PFAS restriction, the European Union Agency for Cybersecurity released a report on cybersecurity investments under the NIS 2 Directive, and the Commission initiated a review of the Technology Transfer Block Exemption Regulation and mandated risk reports from the 19 major online platforms designated under the EU Digital Services Act. These highlights also include analyses on importer requirements under the EU Methane Regulation, the Court of Justice decision on harmonising EU copyright protection for non-EU designs, the Unified Patent Court’s (UPC) first main action decision on a standard essential patent, and the relationship between the EU AI Act and Medical Devices Regulations.

IP weekly highlights—21 November 2024

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.