What does Moral rights mean? In legal practice, moral rights are the personal, non‑economic rights of authors, directors and performers to be credited for their work or performance and to object to harmful alterations or misattribution. In the UK (England & Wales, Scotland and Northern Ireland) they are set out in the copyright, designs and patents act 1988; in Ireland, in the copyright and Related Rights Act 2000. The core rights are: to be identified as author or film director (paternity), to object to derogatory treatment of a work (integrity), to prevent false attribution, and a limited privacy right for certain commissioned...
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ARCHIVED: This Practice Note is archived and is not maintained. It was originally prepared for LexisAdvance® Practical Guidance Singapore.
Emerging from civil law traditions, moral rights are a set of non-transferable rights typically forming part of the Copyright bundle, intended to protect authors on ethical grounds. These rights are set out in Article 6bis of the Berne Convention (Berne Convention for the Protection of Literary and Artistic works), which, in substance, states that, independently of an author’s economic rights and even after those rights are assigned, the author retains the right to claim authorship and to oppose any distortion, alteration, or other derogatory treatment of the work that would harm the author’s honour or reputation.
As identified in the Berne Convention, there are two principal rights encompassed within moral rights:
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 ]...