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Issuing copies to the public meaning

Published by a LexisNexis IP expert
What does Issuing copies to the public mean?
In legal practice, issuing copies to the public means putting new copies of a copyright work into public circulation for the first time, typically by sale, gift, distribution or other transfer by or with the authority of the right holder. It is a core “distribution right”. The concept is defined in legislation (in the UK by the Copyright, Designs and Patents Act 1988, and in Ireland by the Copyright and Related Rights Act 2000) and is a restricted act: doing it without permission infringes copyright. Key features: - It primarily concerns physical copies; online transmissions and streams are generally treated as communication to the public, not issuing. - It targets the first putting into circulation in the relevant territory; subsequent resale of lawfully marketed copies is usually outside scope because of exhaustion (first sale) principles. - Importing or parallel trading in new copies not previously marketed with the copyright owner’s consent can amount to issuing. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, reflecting EU-derived rules, though the territorial scope and exhaustion regime in the UK have evolved post‑Brexit. Practitioners should verify the current exhaustion rules when advising on cross‑border distribution and infringement.
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View the related Practice Notes about Issuing copies to the public

PRACTICE NOTES
UK copyright infringement: restricted acts, source and similarity, substantial part, communication to the public, exhaustion, software, adaptations and authorisation, with post‑Brexit assimilated EU law and key case law

The Copyright, Designs and Patents Act 1988 (CDPA 1988) grants the copyright holder in the UK the sole authority to undertake a variety of acts in relation to any copyright work. Where those specified acts in the CDPA 1988 are carried out by someone other than the owner, without consent, this may amount to an infringement of the owner’s exclusive rights. Status of EU copyright law in the UK As of 31 January 2020, the UK ceased to be a Member State of the EU. In line with the Withdrawal Agreement, an 11‑month transition or implementation period followed, ending on 31 December 2020 (IP completion day), during which EU law continued to apply across the UK. Thereafter, EU legislation made or brought into force after that date is not binding on the UK. For pre‑existing measures, the legal position immediately before IP completion day was maintained for legal continuity by taking a snapshot of the EU rules then applicable in the UK and, for the most part, incorporating...

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PRACTICE NOTES
UK Music Copyright (CDPA 1988): Subsistence, Authorship and Ownership, Infringement and Authorisation, Defences, Remedies, Piracy, AI and Streaming

Copyright is a proprietary right that grants the owner the exclusive ability to perform, and to permit others to perform, particular acts in relation to the work. Under UK law, as contained in the Copyright, Designs and Patents Act 1988 (CDPA 1988), there is a closed list of categories eligible for protection, namely: original literary, dramatic, musical or artistic works sound recordings, films or broadcasts the typographical arrangement of published editions To qualify, a work falling within one of these categories must be fixed in some form. For example, writing down or electronically saving a song’s notes and lyrics creates a record that is protected, provided the work otherwise meets the CDPA 1988’s qualification requirements. For comprehensive guidance on those requirements and on subsistence generally, see Practice Notes: Copyright—protectable works and Copyright—subsistence and qualification. It is not necessary to register a work for copyright to arise. Court of Justice judgments This Practice Note includes references to Court of Justice judgments....

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PRACTICE NOTES
UK Takeover Code information rules during offers (Rules 19, 20, 21, 23, 26, 27, 30): standards, equal treatment, media and social media restrictions, publication, and liability

The rules of the City Code on Takeovers and Mergers (Code) regarding the provision of information during an offer These rules play a pivotal part in the orderly conduct of the takeover process, notably by: Safeguarding the orderly functioning of the securities markets Guaranteeing offeree shareholders are treated alike and given ample time and disclosure to make a fully informed decision At the heart of the Code’s framework for disclosures during an offer sits Rule 19, which sets expectations on diligence, accuracy and accountability for any published information. Rule 20 mandates equal access for all offeree shareholders and persons with information rights, while Rule 23 emphasises that disclosures must be adequate and timely so recipients can form a properly informed view of the offer’s merits (or demerits). Rule 30 governs the procedures and mechanics for issuing information, including the methods and timing for publication. This Practice Note examines these general requirements and the specific rules addressing unacceptable statements, advertisements, press and...

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