Moral rights (Commercial) meaning

How to use this Checklist This Checklist aims to flag common issues that emerge during the negotiation and drafting of a publishing agreement. For a model publishing agreement, see Precedent: Publishing agreement—pro-publisher. For more detail on matters raised in this Checklist, consult Practice Notes: Assigning intellectual property rights; Licensing intellectual property rights. Where appropriate, this Checklist can also act as the basis of a simple, non-binding heads of terms. For guidance on doing so, see Precedent: Heads of terms—commercial contracts. The third column can be used to capture observations or comments as the Checklist is completed. Checklist schedule for proposed publishing agreement Checklist Further information Notes (if any) Parties Verify 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 start or effective date. Determine whether the agreement lasts for the full copyright term in the work or for a...

Checklist overview This Checklist aims to flag matters commonly requiring attention when preparing long-form and short-form assignments of intellectual property rights (IPRs) in an asset purchase context, and should be used with these Precedents: Assignment of intellectual property rights (asset purchase) (long form) Assignment of intellectual property rights (asset purchase) (short form) For licences of IPRs in an asset purchase context, consider: Precedent: Intellectual property licence (asset purchase) (long form) Precedent: Intellectual property licence (asset purchase) (short form) Intellectual property rights licence (asset purchase)—checklist For further information on issues raised by this Checklist, see these Practice Notes: Assigning intellectual property rights Licensing intellectual property rights Sub-licensing intellectual property rights Key issues in software licence agreements Know-how—protection and licensing Tax issues and incentives arising from assignment and licensing of IP Key terms for inclusion in an assignment of intellectual property rights (IPRs) in an...

How to use this Checklist Use this checklist to identify recurring points when preparing long- or short-form IPR licences in an asset purchase. Read with the Intellectual property licence (asset purchase) precedents (long/short). For assignments, see the corresponding precedents and checklist. For particular rights, consult the copyright, design, patent and trade mark precedents and checklists. See Practice Notes on licensing/sub-licensing IPRs, software licensing, know-how, and IP tax. May inform heads of terms; see Heads of terms—commercial contracts. Checklist for proposed licence of intellectual property rights (asset purchase) (A) Key commercial considerations Parties/relationship: status, authority, beneficiaries/guarantees, arm’s length, contingencies, documents. Timing: start date, term, notice, conditions precedent, early termination and effects. IPRs: types; scope (registered/unregistered, applications, renewals, improvements); exclusions/third-party IPRs; moral rights; ownership; exclusivity; transfer/sub-licensing; territory; use and purpose. Pricing: fees/royalties/expenses; ancillary costs and IPO registrations; VAT/taxes; price changes; invoicing/payment; escrow for critical software; formalities. (B) Other standard legal terms and conditions Liability and termination; warranties/indemnities...

The publishing industry This Practice Note outlines the legal and contractual landscape governing the publishing sector, while introducing key commercial and technological considerations. Publishers deliver content in multiple formats and for differing aims and readerships. Traditionally, the field splits between: trade publishers serving a general or consumer market; and other publishers concentrating on educational, academic, professional or scientific, technical, and medical audiences. In reality, these categories can overlap and intersect with adjacent industries, a trend accelerated by the evolution of digital media—for instance, convergence between newspaper and magazine publishing and the broadcasting and audiovisual arenas. There has also been discussion about whether social media and other online platforms ought, as a legal matter, to be regarded as ‘publishers’. Nevertheless, this Practice Note concentrates on conventional book and journal publishing, in both print and digital forms, encompassing e-books, websites, apps, databases and other online offerings (collectively described here, for simplicity, as ‘products’ unless stated otherwise). The publishing industry is an important contributor to the UK economy. According to the Publishers...

This Practice Note This Practice Note is aimed at commercial lawyers who are not specialists in intellectual property (IP). It introduces copyright and related rights in the UK, outlining what copyright is, how it comes to exist, and how to protect, transact, manage and exploit it. If you are a specialist IP lawyer, refer instead to the Copyright & associated rights—overview and Copyright disputes—overview, together with the documents they reference. Using this Practice Note This Practice Note is broadly arranged into five principal sections covering: Subsistence of copyright (copyright is not a registered right): eligibility of works, qualifying categories and qualification generally Maintaining copyright: the term of protection, copyright notices and policies Dealing with copyright in agreements: assignments, licences and collective licensing Asserting copyright: disputes, exceptions (permitted acts), defences and remedies for infringement Rights associated with copyright: moral rights and performance rights What is copyright? Copyright recognises an author’s intellectual creation when a...

Film and TV glossary A–B | Film and TV glossary C–D | Film and TV glossary E–H | Film and TV glossary M–P | Film and TV glossary R–S | Film and TV glossary T–W Incidental inclusion (‘passing shot’ use) Including a copyright-protected work only incidentally within an artistic work, sound recording, film or broadcast does not infringe that copyright. For example, a film shot on location at the South Bank in London would not breach rights in buildings or in music audible in the background when their presence is incidental. What qualifies as ‘incidental’ hinges on the facts of each matter. See Practice Note: Copyright—permitted acts and defences. Independent Press Standards Organisation (IPSO) IPSO is an independent, self-regulatory body that handles complaints about the editorial content (not advertising) of newspapers, magazines (not books) and their websites, as well as about certain kinds of behaviour by journalists working for those organisations. It replaced the Press Complaints Commission on 8 September 2014. See website: Independent Press Standards...

Parties [ insert name of Operator ] [ of OR a company incorporated in [ England and Wales ] under registered number [ insert registered number ], whose registered office is at ] [ insert address ] (the Operator); [ insert name of Customer ] [ of OR a company incorporated in [ England and Wales ] under registered number [ insert registered number ], whose registered office is at ] [ insert address ] (the Customer). Each of the Operator and the Customer is a party, and together the Operator and the Customer are the parties. Background The Operator carries on the business of providing [ drone services ] to other businesses. The Customer carries on the business of [ insert description ]. The parties have agreed that the Operator will provide [ drone services ] to the Customer on the terms set out in this agreement (the Agreement). ...

This precedent sets out an assignment of intellectual property rights, prepared to be broadly even‑handed for both sides. It includes optional or alternative clauses that may favour the assignor or the assignee. Use this document to transfer expressly identified intellectual property rights, or a category of rights specified for a defined work. This DEED is dated [ insert date ] Parties Confirm the accuracy of the names stated in the contract. Where a corporate group is involved, ensure the correct group company is the entity entering into the agreement. [ insert name ] [ of OR a company incorporated under the laws of [ Ireland ] with company number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignor ); and [ insert name ] [ of OR a company incorporated under the laws of [ Ireland ] with company number [ insert registered number ] whose registered office is at ] [ insert address ] (...