Permitted acts 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...

Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...

Banking & Finance 2024 case round up Force majeure—shipping contract—reasonable endeavours RTI Ltd (Respondent) v MUR Shipping BV (Appellant) [2024] UKSC 18 This Supreme Court decision examines how a force majeure clause in a shipping contract between MUR Shipping BV (MUR) and RTI Ltd (RTI) should be interpreted. Such clauses excuse a party from performing when specified events outside the parties’ reasonable control (acts of God) occur. They frequently contain a ‘reasonable endeavours’ proviso, which prevents a party from invoking force majeure if the consequences could be averted by taking reasonable steps. The appeal turned on whether those reasonable endeavours required the party seeking to rely on force majeure to accept an offer of performance that did not match the contract terms. In this instance, the suggested alternative was payment in euros rather than US dollars. The Supreme Court unanimously allowed the appeal, ruling that MUR’s refusal to accept RTI’s non-contractual proposal did not amount to a failure to exercise reasonable endeavours...

This new starter guide introduces copyright law and signposts further Lexis+® UK materials offering fuller coverage. It is for trainee solicitors and anyone new to copyright. Information on other intellectual property (IP) rights, including additional starter guides, appears in Practice Note: Intellectual property (IP)—new starter guide. Where topics fall outside this guide, consult the two Copyright subtopics: Copyright & associated rights transactions and management Copyright disputes For summaries of these areas, see: Copyright & associated rights—overview and Copyright disputes—overview. The guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact the LexisAsk team. Introductory materials For an introduction to copyright law, see Practice Notes: Copyright—subsistence and qualification Copyright—protectable works Copyright—authorship and ownership Duration of copyright Copyright infringement Copyright—secondary infringement Copyright—permitted acts and defences Protecting copyright—training materials Protecting copyright—training materials comprise template PowerPoint slides that can serve as the basis for...

This Practice Note outlines the legal and practical considerations relevant to digital rights management (DRM), and examines how far technical tools and other safeguards can be deployed by rights holders to protect and administer their digital works lawfully and effectively in practice. It also sets out the categories of offences that may arise where technological protection measures are bypassed or where rights management information is abused in any context. What is digital rights management? DRM describes the technical mechanisms used by copyright owners of digital material to label, monitor and secure their assets. These controls are applied to block unauthorised copying, for instance by using encryption, ensuring that only approved software and permitted users can open a given digital file where appropriate. DRM also serves to identify content and to manage its distribution to consumers, eg by tracking how often a work is accessed for the purpose of calculating the royalties payable lawfully, or to support business models such as online music subscription services. For example, the video...

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...

This Agreement is dated [ insert date ] Parties 1 [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Licensor ); and 2 [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Licensee ), each of the Licensor and the Licensee is a party and together the Licensor and the Licensee constitute the parties. Background (A) The Licensor owns the copyright and database rights in the Licensed Data and acts as Controller of the Shared Personal Data. (B) The Licensee is [ insert background to licence/relevant transaction ]. (C) The Licensor has agreed to grant the Licensee a licence to use the Licensed Data and to provide the Shared...

This Agreement is made on [ insert date ] as set out below. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensor); [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensee), each of the Licensor and the Licensee being a party and, together and collectively, the Licensor and the Licensee are the parties. Background The Licensor is the proprietor of copyright and database rights in the Licensed Data and acts as the Controller of the Shared Personal Data. The Licensee is [ insert background to licence/relevant transaction ]. The Licensor agrees to grant a licence to the Licensee to use the Licensed Data and...

Date and Parties Date, Licensor and Licensee details, including incorporation, registered office and company numbers, to be inserted. Definitions Car Park: as shown on the Plan. Lease, Legislation, Licence Fee, Licence Period, Permitted Hours, Plan, Regulations, Space(s), VAT, Working Day: as specified. Licence Non-exclusive right to park designated cars in the Space(s) and to use access routes in common with others, without obstruction. Licensee’s obligations Pay the Licence Fee (plus VAT) in advance; contribute rates/outgoings; observe Regulations. On expiry, clear and tidy the Space(s). Dealings Licence is personal or tied to the Lease; no sharing or assignment except as permitted. Breach, Indemnity, VAT and Interest Breaches to be remedied promptly; Licensor may step in at the Licensee’s cost. Licensee indemnifies the Licensor. VAT payable on sums; interest due on late payments. Termination, Liability and No Tenancy Ends on expiry or for material breach. Fees remain due to...

The powers of a parish council Our research has focused on authority to take decisions. Nonetheless, particular issues arise for a public authority deploying ANPR cameras, and these must be weighed, alongside the public procurement ramifications of any contractual arrangement. A parish council is limited to acts expressly or implicitly permitted by statute or by subordinate legislation. More broadly, local authorities are generally empowered by statute to do anything calculated to facilitate, or conducive or incidental to, the carrying out of their functions, as set out in section 111 of the Local Government Act 1972 (LGA 1972). These limits and enabling powers frame any such decision-making process...