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A literary, dramatic, musical and artistic work is only protected as a copyright work to the extent that it is original work.
A work is original to the extent that its creation involved skill, labour and judgment. There is however a higher standard of originality for photographs, computer programs and databases where the work has to be the author's own intellectual creation.
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Using IP as security: key issues—checklist This Checklist is drafted from the lender’s perspective, and it is designed to highlight the key issues to consider and steps to follow when using IP as security, such as to: • consider the nature of the IP right • consider the type of security • consider ownership, duration, and third-party rights • consider validity and maintenance of the right • value the IP right • consider associated rights and property • register the security at the appropriate registry For further information on taking or perfecting security over IP, see: • Practice Notes: Taking security over intellectual property rights, Taking security over intellectual property—practical points, Perfecting security over intellectual property rights and registering security at an intellectual property registry and Effect of registering security at IP registries on priority of security interests • Precedents: Assignment of intellectual property by way of security, Agreement for assignment of patent by way of security in pursuance of loan agreement: Encyclopaedia of Forms and Precedents (21(1)) [1172], Mortgage...
Publishing agreement—checklist How to use this Checklist This Checklist is designed to highlight issues commonly arising during the negotiation and drafting of a publishing agreement. For a publishing agreement, see Precedent: Publishing agreement—pro-publisher. For further information on issues raised by this Checklist, see Practice Notes: • Assigning intellectual property rights • Licensing intellectual property rights This Checklist can also, where appropriate, form the basis of a simple non-binding heads of terms. For guidance on how to do this, see Precedent: Heads of terms—commercial contracts. The third column can be used to record observations or comments as the Checklist is worked through. Checklist schedule for proposed publishing agreement Checklist Further information Notes (if any) Parties ☠Confirm each party’s legal status and consider whether any third parties (such as group affiliates) will benefit from the proposed agreement. Commencement, duration and termination ☠Confirm the commencement or effective date. ☠Confirm whether the proposed agreement will be for the full term of copyright in the work or...
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The 2012 National Planning Policy Framework [Archived] This archived Practice Note provides an introduction to the 2012 version of the National Planning Policy Framework (2012 NPPF), looking at the concept of sustainable development, the presumption in favour of sustainable development, and the core planning principles, as set out in the 2012 NPPF. On 24 July 2018, the government published a revised version of the NPPF (the 2018 NPPF), which replaced the 2012 NPPF. The 2012 NPPF was archived and will only continue to apply in certain circumstances, as set out below. The 2018 NPPF was again revised in 2019, 2021 and 2023. For information on the 2023 NPPF now in force, see Practice Note: The National Planning Policy Framework. The 2012 NPPF first came into force in England on 27 March 2012, replacing all Planning Policy Statements and Planning Policy Guidance Notes (with the exception of PPS10 (Planning for Sustainable Waste Management)) with immediate effect. It aimed to make the planning system less complex and more accessible, to...
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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How does YouTube handle infringing content, and what options are open to rights holders? If a false complaint is received by a content creator, what is the process for appealing it and what are the time frames involved in disputing the claim? How does YouTube handle infringing content, and what options are open to rights holders? Broadly speaking, YouTube will remove content from its platform for one of three reasons: • a breach of YouTube community guidelines or terms of use • as a result of an automated Content ID claim, or • because it has received a formal copyright notice-and-takedown (sometimes referred to as a Digital Millennium Copyright Act (DMCA) notice because the procedure is largely modelled around ‘safe harbour’ principles contained in American copyright legislation, the Digital Millennium Copyright Right Act 1998) Therefore, in terms of copyright claims, there are two ways in which a claim of infringement can be made. It is important to understand how and why a copyright claim is being made...
If an artist commissions artisans (a ceramicist and metalworker) to do parts of a work for him and then he sells the final piece, are there subsisting copyrights in the works done by each of the artisans (which would need to be transferred to him by contract)? If so, given that the artist's resale right can't be waived, would they have to be compensated under the rules or directives on a qualifying sale of the composite item? Would a qualifying sale of the composite item be the first sale given that the artisans were already paid for their contribution? And how will an artist's resale right work after Brexit? Where an artist commissions artisans (for example, a ceramicist and a metalworker) to do parts of a work for him and then sells the final piece: 1. Are there subsisting copyrights in the works done by each of the artisans (which would need to be transferred to the artist by contract)? Potentially, there are subsisting copyrights in the works...
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MLex: Chinese video-streaming platform iQIYI has initiated legal action in a local court against domestic AI startup MiniMax for copyright infringement related to AI model training and content generation, MLex has learned.
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.
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