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copyright, Designs and Patents Act 1988 (CDPA 1988): the main source of UK copyright law, making provision for the operation of copyright and the protection of how ideas are expressed in a permanent form.
CDPA 1988 sets out the criteria which a 'work' of creativity must meet to attract protection by copyright, the duration of that protection, the ownership of works, the 'restricted acts' which only the owner or licensor of copyright can perform in relation to works, how works are infringed and the very limited 'permitted acts' which can be performed in relation to works without seeking permission from the copyright owner.
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Copyright theftTheft of copyright is criminalised by the Copyright, Designs and Patents Act 1988 (CDPA 1988), the Trade Marks Act 1994 (TMA 1994) and the Video Recordings Act 1984 (VRA 1984). It may also be prosecuted under the Fraud Act 2006 (FrA 2006) or as a conspiracy under the Criminal Law Act 1977 or under the common law conspiracy to defraud. See Practice Note: Conspiracy.Copyright theft may be prosecuted by the Crown Prosecution Service or trading standards. Investigations may involve HM Revenue and Customs, the UK Border Agency and the National Crime Agency.Most offences under CDPA 1988 (those in CDPA 1988, ss 107(1)(a)–107(1)(b), 107(1)(d)(iv) and 107(1)(e)) are either-way offences, ie they may be tried both in the magistrates' court and the Crown Court. These are viewed as more serious offences as they involve making, importing for rental or sale, or distributing items through a business or otherwise, that would affect the owner of the copyright prejudicially. The offence of infringing copyright in a work by communicating the work to the...
This Practice Note examines the complex relationship between copyright and designs. For more information about designs law and copyright law, see: Design transactions and management—overview and Copyright & associated rights—overview.Prior to the implementation of the Copyright, Designs and Patents Act 1988 (CDPA 1988), copyright was the principal means of protecting rights in industrial articles. One of the intentions behind CDPA 1988 was to limit the application of copyright to industrially commercialised designs and introduce an unregistered design right in the UK (often referred to as 'design right'). For a visual summary of the role of CDPA 1988 copyright provisions, see: Application of copyright law to designs—flowchart below.Authors of artistic works that are applied industrially may not be able to rely on copyright but instead may rely upon design right or registered design(s). However, copyright remains a means of protecting:•original design drawings•rights in designs of three-dimensional objects that are considered artistic works under CDPA 1988•surface decoration applied to industrial articlesRelevant legislation and key cases•CDPA 1988 (as amended by the Enterprise and...
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Licence to use photographs This Agreement is made on [insert date] (the Commencement Date) between the following parties (each a party and together the parties): Parties 1 [insert licensor name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (the ‘Licensor’); and 2 [insert licensee name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (the ‘Licensee’). Background (A) Licensor is the proprietor of the Photographic Works. (B) Licensor wishes to license the Photographic Works to Licensee and Licensee wishes to receive the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement: Affiliate • means any entity that directly or indirectly controls, is controlled by or is under common control with, another entity; Control • means that a person owns directly or indirectly more than 50% of...
Letter of claim—peer-to-peer copyright infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] Copyright infringement: [Name and description of copyright works] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions, which amount to an infringement of our client’s copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is...
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What does it mean when a party waives or asserts its ‘moral rights’ in a building contract or consultant appointment? Moral rights in intellectual property provisions Intellectual property is an important issue in relation to construction projects. The parties that own the copyright in designs and specifications want to protect their rights—the parties who need to use the copyright material, both during the construction works and once the building/project is completed, want to make sure that they have adequate rights to do so without infringing copyright. See Practice Notes: Copyright in construction contracts and Copyright in a consultant's appointment for information on copyright matters in construction. It is standard practice, therefore, to include provision within a building contract, consultant appointment, collateral warranty or other construction contract which deals with intellectual property rights. Typically, a contractor/consultant/sub-contractor grants a licence to the party that it has contracted with, allowing that party to use the relevant copyright material for a broad list of purposes—usually including matters such as the construction, maintenance...
In a written intellectual property licence that satisfies the English law requirements for creation of a contract and that is not in conflict with competition laws, can royalties be contractually agreed to be paid in perpetuity? It has been assumed that this Q&A refers to validly created licences and individual IP right licence requirements (ie whether must be in writing and signed etc) have not been covered. As such in conducting our research, we have focused on IP licence agreements in which royalties are payable. There are many different types of UK IP licence. Such licences are governed by IP right specific laws such as the Copyright, Designs and Patents Act 1988, the Patents Act 1977 or the Trade Marks Act 1994. Technology transfer licensing is subject to UK and EU competition laws. Licences are also governed by common law. A perpetual licence may be granted (and the payment of royalties tied to the term of the licence). However, the period of the licence cannot extend the...
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IP analysis: In a David vs Goliath battle in the arena of fast fashion, independent fashion designer Sonia Edwards lost her claim online fast fashion giant, Boohoo.com and related companies over the alleged infringement of unregistered design rights in Edwards’ garment designs. The outcome in this case illustrates the narrow scope of unregistered design protection and the challenges of relying on unregistered designs to protect garment designs against the churn of the fast fashion industry. Written by Marc Linsner senior associate at Bristows LLP
Information Law analysis: This was a High Court case involving issues of confidentiality, trade secrets and copyright. It centred around two firms who had entered into a non-disclosure agreement (NDA) and subsequently embarked on a joint venture to set up an investment fund. Following the breakdown of the business relationship, one of the firms, Atlana, set up its own fund which was very similar to the one envisaged under the joint venture. The High Court ruled that in setting up its own fund, Atlana had breached the terms of the NDA by misusing confidential information and in turn had also infringed trade secrets. The judgment reinforces the importance of precise drafting in NDAs and provides clarifications around the meaning of information being in the public domain. It also emphasises the importance of originality when establishing copyright infringement, particularly in the context of business presentations and other materials which may be more difficult to prove. Written by Marija Nonkovic, associate at Kemp IT Law LLP.
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