What does Performance rights mean? In practice, performance rights protect performers against unauthorised recording, copying or transmission of their live or recorded dramatic and musical performances, and give them payment rights when recordings are used. In the UK, performers’ rights are created by statute (Copyright, Designs and Patents Act 1988, Part II); in Ireland they are set out in the Copyright and Related Rights Act 2000. The UK regime applies consistently across England & Wales, Scotland and Northern Ireland. Key features include: a requirement for the performer’s consent to record (fix), broadcast, stream or make available a performance; the ability to stop copying, distribution...
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ARCHIVED: This Practice Note is archived and not maintained. It was originally prepared for LexisAdvance® Practical Guidance Singapore.
Performance rights shield a performer’s live or recorded dramatic and musical performances from unauthorised recording or broadcasting, and from other unapproved dealings. These rights now form a bundle of Economic rights in performances encompassing non‑property, property and Moral Rights, granting performers of qualifying performances the ability to consent to, and to receive Equitable remuneration for, specified reproductions of their performances. They are particularly valuable for addressing ‘bootleg’ recordings, that is, when a live performance is captured without the performer’s consent.
The exclusive rights afforded to performers for their performances under the Copyright Act (Cap 63) can be grouped into two principal categories:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...