Business / Commercial Law

Performers' Rights, 4th Edition

By The Hon Mr Justice Richard Arnold
Sweet & Maxwell U.K. December 2008

Specifications

ISBN-13
9781847037879
Publisher
Sweet & Maxwell U.K.
Publication
December 2008
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Performers' Rights is an essential handbook for practitioners advising performers, their representatives, exploiters of performers' rights and their representatives. This new 4th edition provides an in-depth treatment on performers' statutory rights under Part II of the 1988 Copyright, Designs and Patents Act together with broad coverage of the legal position of performers more generally. 
 

  • Provides an in-depth treatment of performers' statutory rights under Part II of the 1988 Copyright, Designs and Patents Act together with broad coverage of the legal position of performers more generally
  • Presents a historical look at performers' rights in the UK
  • Goes into detail on the subsistence and duration of performers' rights
  • Covers a performer’s right to equitable remuneration
  • Provides a detailed examination of the various ways in which a performers' rights can be infringed
  • Explains the permitted acts and defences in relation to potential infringements
  • Covers the process and procedure for enforcing performers' rights and recording rights
  • Explains the different remedies available when there has been an infringement on performers' rights, namely injunctions, damages or accounts of profits, delivery up, seizure and forfeiture
  • Features a new chapter on moral rights as established by the recent Performances (Moral Rights, etc.) Regulations 2006
  • Provides an analysis of the situations in which criminal offences can occur, including the possible defences, how these are enforced and the possible penalties
  • Covers performers' contracts, including assignments of performers' rights, licences of performers' rights, consent clauses and enforcement of performers' contracts
  • Considers breach of confidence, invasion of privacy, the right to control the use of one's image and defamation
  • Covers performers rights in other countries
  • Specifies which performers rights are covered under the Rome Convention, TRIPS Agreement and the WIPO Performances and Phonograms Treaty
  • Reproduces the relevant parts of legislation, rules, regulations, treaties, conventions and agreements
  • Details the rights which aren’t covered by Part II of the amended Copyright, Design and Patents Act 1988 with numerous case citations

Table of Contents

The evolution of performers' rights in the UK
  • The rationale for protecting performers
  • Copyright and neighbouring (related) rights
  • Historical review
Subsistence and duration
  • Subsistence of performers' rights
  • Subsistence of recording rights
  • Duration of performers' rights and recording rights
Ownership, licensing, equitable remuneration and the copyright tribunal
  • First ownership
  • Transmission of performers' rights
  • Transmission of recording rights
  • Joint ownership
  • Licences
  • Compulsory licensing
  • Rights to equitable remuneration
  • Collective licensing and the Copyright Tribunal
Infringement
  • Infringement of performers' rights
  • Infringement of recording rights
  • Knowledge or reason for belief
  • Territoriality
Permitted acts and defences
  • Permitted acts
  • Defences
Proceedings
  • Who may sue?
  • Who may be sued?
  • Venue
  • Remedies
  • Interim relief
Moral rights
  • Right to be identified as performer
  • Right to object to derogatory treatment
  • Duration of moral rights
  • Consent and waiver
  • Transmission of rights
  • Proceedings for infringement
  • Remedies for infringement
Criminal law
  • Principal offences
  • Additional offences
  • Inchoate offences
  • Mens rea
  • Defences
  • Enforcement
  • Search warrants
  • Penalties
Performers' contracts
  • Assignments of performers' property rights
  • Licences of performers' rights (consents)
  • Enforcement of performers' contracts
Other forms of protection for performers
  • Copyright: performers as authors
  • Basic requirements
  • Copyright in sound recordings and films
  • Copyright in sets, costumes and props
  • Passing off
  • Breach of confidence, invasion of privacy and the right to control the use of one's image
  • Defamation
Performers' rights in other countries
  • Summary of performers' rights under the Rome Convention
  • Summary of performers' rights under TRIPs
  • Summary of performers' rights under the WIPO Performances and Phonograms Treaty
  • Table of countries
  • Particular countries
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