Performers' Rights - 9781847037879

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

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