“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”
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In this issue: Copyright & associated rights Trade marks/passing off Patents General IP 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 IPO confirms approach for foreign artists’ public performance rights The Intellectual Property Office (IPO) has released its response to an early‑2024 consultation on how best to ensure overseas performers and producers receive the public performance rights (PPR) payments due when their sound recordings are broadcast or played in public in the UK. Historically, UK law’s treatment of this right did not fully mirror the nation’s international commitments. After the consultation and engagement with industry stakeholders, the government has chosen Option 0A. Under this approach, targeted adjustments will be made to the criteria for foreign performers’ PPR eligibility, extending PPR to foreign performers where the producer of the recording of their performance is a UK national or...
In this issue: Immigration Protected characteristics Prohibited conduct Whistleblowing Performance, conduct and discipline Bribery, modern slavery, tax evasion and fraud Employment Tribunals Employment Appeal Tribunal Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Immigration New clause in Bill to expand right to work scheme to ‘gig economy’ workers The government has inserted an additional clause into the Border Security, Asylum and Immigration Bill to widen the reach of the existing right to work scheme, bringing within scope alternative working arrangements that until now fell outside its remit. At present, the statutory framework under the Immigration, Asylum and Nationality Act 2006 requires employers to conduct right to work checks only for individuals engaged as employees on conventional contracts, in order to obtain a statutory excuse against a civil penalty if a worker is later found to lack the necessary immigration permission...
In this issue: UK private actions EU digital markets EU competition policy EU State aid Daily and weekly news alerts Caselex UK private actions CAT refuses UK music copyright collective action The CAT handed down its ruling in David Alexander de Horne Rowntree v Performing Right Society Limited and PRS for Music Limited, a bid for a collective proceedings order (CPO) under s. 47B of the Competition Act 1998 (CA 1998). Brought for the benefit of PRS songwriter members, the claim took issue with the allocation of so‑called ‘Black Box’ royalties. The Tribunal declined to make the CPO and, instead, upheld PRS’s applications for strike‑out and summary judgment. Background PRS gathers and pays out royalties for the public performance of musical compositions where the performing rights have been assigned to it. The dispute related to royalties that cannot be matched to the rightful songwriter or publisher (‘Black Box’ royalties). PRS ordinarily shares those monies pro‑rata...
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...
For more common film and TV terms, see: Film and TV glossary A–B, Film and TV glossary C–D, Film and TV glossary E–H, Film and TV glossary I–L, Film and TV glossary R–S, Film and TV glossary T–W. Meme An image, video, snippet of text, or similar item that satirises or amuses, typically spreading rapidly online, with users often adapting or varying it as they share it on. Mime Within copyright law, mime is treated as a form of dramatic work. Moral rights Under the Copyright, Designs and Patents Act 1988 (CDPA 1988), authors are granted personal rights (moral rights) that sit alongside, but separate from, their economic rights. Whereas copyright concerns financial interests, moral rights protect the author’s public reputation and the integrity of the work linked to them. the right to be named as author or director (the right of paternity) the right to object to derogatory treatment of a work (the right of integrity) the right...
This Practice Note outlines the remit, powers and duties of the for Health and Social Care (PSA). The PSA was established to draw together the bodies regulating healthcare professions and to secure a cohesive, co-ordinated approach to standard-setting, performance oversight, and to inspection and validation... Regulatory reform of healthcare regulators On 17 February 2023, the Department for Health and Social Care (DHSC) set out proposals to modernise the legislative framework for nine health and care professional regulators via a series of statutory instruments, giving each regulator fresh powers to shape their own regulatory processes to enhance patient safety and streamline the healthcare system. These include: General Chiropractic Council (GCC) General Dental Council (GDC) General Medical Council (GMC) General Optical Council (GOC) General Osteopathic Council (GOsC) General Pharmaceutical Council (GPhC) Health and Care Professions Council (HCPC) Nursing and Midwifery Council (NMC) Pharmaceutical Society of Northern Ireland (PSNI) The reforms are enabled by the Health and...