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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Performers' Rights 5th ed isbn 9780414038783

Performers' Rights 4th ed


ISBN13: 9781847037879
New Edition ISBN: 9780414038783
Previous Edition ISBN: 0421879408
Published: December 2008
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Performers' Rights 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. It covers performers’ contracts, including assignments of performers rights, licences of performers’ rights, consent clauses and enforcement of performers’ contracts, and explains the different remedies available when there has been an infringement on performers’ rights, namely injunctions, damages or accounts or profits, delivery up, seizure and forfeiture.

The book presents a historical look at performers rights in the UK, and goes into detail on the subsistence and duration of performers’ rights, the various ways in which a performers’ rights can be infringed, and covers the process and procedure for enforcing performers’ rights and recording rights.

The new edition features a new chapter on moral rights as established by the recent Performances (Moral Rights, etc.) Regulations 2006, and covers other new legislation such as the Intellectual Property (Enforcement etc) Regulations 2006 and the Copyright and Performances (Application to Other Countries) Orders 2005-2008. A number of new cases are also covered, including Barrett v Universal-Island, Sawkins v Hyperion, and Fisher v Brooker (Whiter Shade of Pale).

The book provides a comprehensive analysis of performers rights in the UK, and is an essential textbook for entertainment and media law practitioners.

Subjects:
Intellectual Property Law, Media and Entertainment Law
Contents:
The Evolution of Performers’ Rights in the UK;
Introduction
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 TRIP's
Summary of performers’ rights under the WIPO Performances and Phonograms Treaty
Table of countries
Particular countries
Appendix 1
Copyright, Designs and Patents Act 1988, Part II and Schedules 2 and 2A (as amended)
Appendix 2
Copyright Tribunal Rules 1989 (as amended): rules 1-2, 34-37, 42-55, Schedule 3 Form 14
Copyright and Rights in Performances (Notice of Seizure) Order 1989
Duration of Copyright and Rights in Performances Regulations 1995, regulations 1-4, 27-36
Copyright and Related Rights Regulations 1996, regulations 1-4, 25-27, 30-34
Copyright and Related Rights Regulations 2003, regulations 1-3, 30-35, 40
Performances (Moral Rights etc) Regulations 2006, regulations 1-3, 8
Intellectual Property (Enforcement) Regulations 2006, regulations 1-3
Copyright and Performances (Application to Other Countries) Order 2008, articles 1, 6-7, Schedule
Appendix 3
Council Directive 93/83/EEC, recitals (1)-(29), Articles 1-4, 6, 8-10
Council and Parliament Directive 2001/29/EC, recitals (1)-(45), (58)-(61), Articles 1-5, 8-12
Council and Parliament Directive 2004/48/EC, recitals (1)-(27), (32), Articles 1-15
Council and Parliament Directive 2006/115/EC, recitals (1)-(13), (15)-(17), Articles 1-3, 5, 7-12
Council and Parliament Directive 2006/116/EC, recitals (1)-(12), (15), (17), (19), (22)-(25), Articles 3, 7-10
Appendix 4
Rome Convention 1961, Articles 1-9, 11-12, 14-22, 33
TRIP's: preamble, Articles 1-8, 14, 70-72
WIPO Performances and Phonograms Treaty, preamble, Articles 1-10, 15-23, 32, Addenda
EC Treaty: Articles 12, 28-30, 81-82
EEA Agreement: Article 1, Protocol 28, Articles 1, 2, 5