Fair dealing meaning

More staff and freelancers are now working from home on a regular basis. Consequently, more material is produced at home and uploaded or circulated online—for instance, teachers sharing with their pupils via video platforms. Where content is made in this setting, consider who owns the IP, any use of third‑party works, and potential breaches of third‑party rights. For more detail on matters raised by this Checklist, consult the following Practice Notes: Copyright—protectable works Copyright—authorship and ownership Copyright & associated rights—overview Copyright infringement Copyright—secondary infringement Intellectual property—remedies Copyright—permitted acts and defences Joint ownership of intellectual property rights Use the third column to note observations or remarks while progressing through the Checklist. Checklist | Further information | Notes (if any) Copyright origination ☐ Pinpoint the copyright work. Copyright is unregistered and arises automatically once a qualifying work is created...

Purpose of Checklist The aim of this Checklist is to set out the types of factors that should be kept in view, and about which direction will be required, when preparing a joint venture agreement (sometimes referred to as a shareholders’ agreement) together with the articles of association for a joint venture company (JVC). It serves purely as guidance and does not claim to be comprehensive. This Checklist has been produced with English law requirements in mind and, while related issues will arise for an international joint venture agreement, one must acknowledge the limits of this Checklist where a foreign joint venture (JV) vehicle is used. For a Checklist covering the initial matters to be considered, and on which instructions should be obtained, when contemplating entry into a JV structure with a JV vehicle that is a private company limited by shares, see Checklist: Corporate joint venture preliminary issues—checklist. See also Precedents: Joint venture shareholders’ agreement—deadlock (50:50) and Joint venture shareholders’ agreement—majority/minority for Precedent joint venture agreements, and Precedents:...

In this issue: Copyright & associated rights Confidential Information LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights What is the current position of the three-step fair dealing test in Article 5(5) of the EU InfoSoc Directive and Article 9(2) of the Berne Convention under UK case law, in an individual dispute where any form of fair dealing is relied upon as a defence to infringement? This Q&A explores the standing of the three-step test for a lawful copyright exception under both Article 5(5) of the EU InfoSoc Directive and Article 9(2) of the Berne Convention, considering its application to exceptions pleaded case by case under UK authority. It surveys how UK courts have treated these tests historically, and reflects on the possible effects of the Retained EU Law (Revocation and Reform) Act 2023...

Jump to: Brexit SIs and sifting updates Made Brexit SIs laid in Parliament Draft Brexit SIs laid in Parliament Post-Brexit transition guidance Editor's picks—the practice area/sector view New and updated Brexit related content LexTalk®Brexit: a Lexis®Nexis community Useful information Brexit SIs and sifting updates This section provides notices on the newest made and draft Brexit SIs put before Parliament, alongside updates on proposed negative SIs sent for sifting. Made Brexit SIs laid in Parliament Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024 SI 2024/163: Issued under powers in the European Union (Withdrawal) Act 2018 (EU(W)A 2018) and the United Kingdom Internal Market Act 2020 (UKIMA 2020) in relation to Brexit. They revise one item of UK primary legislation and one item of UK secondary legislation concerning the UK internal market. In force from 20 February 2024. (Updated from draft on 20 February 2024.) See: LNB News 31/01/2024 43. Windsor...

In this issue: Brexit headlines Brexit SIs Post-Brexit transition guidance Constitutional and administrative law State accountability and liability Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Weekly round-up of EU-UK TCA Specialised Committees’ publications—27 February 2024. This summary lists documents issued by the Specialised Committees formed under the EU-UK Trade and Cooperation Agreement for the period 21 to 27 February 2024. See: LNB News 27/02/2024 47. Brexit SIs Haiti (Sanctions) (Amendment) Regulations 2024 SI 2024/178: Made using powers in the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) linked to Brexit, these adjust UK secondary legislation on sanctions and take effect on 14 March 2024. See: LNB News 23/02/2024 1. Aviation Security (Air Cargo Agents)...

The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) defines baseline expectations of fair conduct for handling discipline and grievances at work, and requires both staff and management to adhere to its rules and procedures. These are minimum standards of reasonable behaviour for workplace disciplinary and grievance situations, imposing duties on employees and employers to comply with the Code’s provisions. As a statutory code, it influences a broad range of employment claims; non-compliance can be considered when assessing liability and may affect the level of compensation awarded, in relevant cases. The non-statutory Acas guide on discipline and grievances at work (Acas guide) sits alongside the Code and offers best practice guidance for managing disciplinary and grievance matters in the workplace. Where the Code’s interpretation is uncertain, tribunals may look to and follow the Acas guide. For more detail on the Acas guide, see Practice Note: Acas disciplinary and grievance code—application—Guidance to the Acas Code...

Defending a claim of copyright infringement In most copyright infringement cases, a defendant will first challenge the claimant’s position on copyright itself, contending either that no copyright exists in the work identified, or that any subsisting copyright is not owned by the claimant (and sometimes both). The next step is often to assert that, even assuming copyright does subsist, there has been no infringement. This may include arguing that the original work and the accused material lack sufficient similarity, or adducing evidence that the disputed work was created independently, i.e. that no copying occurred. Finally, there are specific statutory carve-outs to infringement, predominantly set out in the Copyright, Designs and Patents Act 1988 (CDPA 1988). These are referred to as permitted acts. The range of permitted acts applying to copyright is extensive, with several also relevant to database right. Where other legal claims arise, such as breach of confidence, the permitted acts defence will not cover those causes of action. Permitted acts can be invoked in relation to...

Under the Limitation Act 1980 (LA 1980), the expiry of a limitation period does not extinguish the underlying right; it simply blocks the claimant’s remedy. Limitation must be raised by the defendant, and when properly pleaded it operates as a complete defence. Once pleaded, the initial burden lies with the claimant to demonstrate they fall within time; if they do, the burden then shifts to the defendant to show otherwise. Sections 21, 22 and 23 of LA 1980 reaffirm the earlier position set out in sections 19 and 20 of the Limitation Act 1939, and they extend to executors and trustees, including trustees of express, resulting and constructive trusts of property. LA 1980 also preserves the distinction between: trustees who have acted fraudulently or retained trust assets or converted them to their own use, and trustees responsible for an innocent or negligent breach of trust The purpose of limitation Limitation prescribes the timeframe in which a claimant may pursue a remedy. Its...

1 Introduction 1.1 This document explains the Company’s policy and procedure for dealing with: 1.1.1 unsatisfactory performance (meaning insufficient skill or aptitude to carry out a role) (see paragraph 2); 1.1.2 genuine persistent, intermittent, short-term absence (see paragraph 3); and 1.1.3 long-term ill-health absence (see paragraph 4). Paragraph 5 describes the formal capability procedure that will apply where informal steps to address any of these matters are not enough, ie invitations, attendance, the right to be accompanied, how capability meetings are run, adjournment, the decision and the right of appeal. 1.2 This policy [ was agreed following consultation with [ trade union representatives OR the staff association OR employees ] and ] applies to all employees. 1.3 This policy aims to offer a framework to handle matters in a fair, supportive and consistent way. It is issued solely as a statement of the Company’s policy and does not constitute part of any contract of employment or otherwise create contractual...

1 Introduction This accounts manual outlines our accounting processes and controls for fee earners and other non-finance colleagues. A separate, more detailed accounts manual is available for the Finance team. Responsibility for this manual rests with the [ Head of Finance OR COFA ]. 2 Basic principles We must protect money and assets entrusted to the firm by clients and others. We must at all times comply with the SRA Accounts Rules (the Accounts Rules). Unless the Accounts Rules state otherwise, we must: keep client money separate from the firm’s money; hold client money safely in a client bank account; withdraw client money from a client account only as permitted by the Accounts Rules; not operate banking facilities through a client account; and pay a fair amount of interest on any client money the firm holds. 3 Accounts department The Finance department is based at [ insert location, eg office if you have...