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Copyright infringement

Copyright infringement The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights. Status of EU copyright law in the UK As of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered a transition or implementation period of 11 months ending on 31 December 2020 (IP completion day), during which it continued to be subject to EU law. EU law introduced, or implemented, after the expiry of this period is not binding on the UK. For pre-existing legislation, the legal position existing immediately before IP completion day was preserved for the purposes of legal continuity, by taking a snapshot of the EU law that applied in the UK at that point and (for the most part)...

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Screenplay agreement

Screenplay agreement This Agreement is made on [insert date] Parties 1 [insert name of company], a company registered in England and Wales, whose registered company number is [insert company number] and whose registered office is at [insert registered office] (the Company) 2 [insert name of writer] of [insert address] (the Writer) The parties agree: 1 Definitions and interpretation 1.1 The following definitions apply in this Agreement: Accounting Date • means for the first three years following the initial theatrical release of the Film 90 days from the end of each Accounting Period and, after that, 180 days from the end of each Accounting Period; Accounting Period • means successive periods commencing on 31 March, 30 June, 30 September, 31 December in each year for the first three years following the initial theatrical release of the Film and after that, successive periods commencing on 30 June and 31 December in each year; Agreement • means this Agreement and any and all schedules and annexes attached to it or incorporated...

Film actor agreement

Film actor agreement This Agreement is made on [insert date] Parties 1 [Insert name of company], a company registered in England and Wales whose registered number is [insert company number] and whose registered office is at [insert address] (the ‘Company’); and 2 [Insert name of artist] of [insert address] (the ‘Artist’) The parties agree: 1 Definitions and interpretation 1.1 The following definitions apply in this Agreement: [Accounting Date • means 90 days from the end of each Accounting Period;] [Accounting Period • means, in respect of the first three years following first theatrical release of the Film, consecutive periods of three months to 31 March, 30 June, 30 September and 31 December in each year and after that, consecutive periods of six months to 30 June and 31 December in each year;] Agreement • means this agreement and any and all schedules and annexures attached to it or incorporated in it by reference; Consecutive Period • means such additional period not exceeding the length of the Guaranteed Period as...

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Music sampling may constitute copyright infringement unless sound sample unrecognisable (Pelham)

TMT analysis: The Court of Justice has confirmed that unauthorised music sampling may infringe a phonogram producer’s exclusive right to reproduce and distribute their phonogram, allowing them to prevent another person from taking a sound sample, even if very short, of their phonogram for the purposes of including that sample in another phonogram, unless the sample included in the phonogram is in a modified form unrecognisable to the ear.

AG’s opinion—unauthorised music sampling constitutes copyright infringement (Pelham C-476/17)

TMT analysis: In a case referred to the Court of Justice for a preliminary ruling concerning music sampling, Advocate General Szpunar has opined that unauthorised music sampling may, under Article 2(c) of the InfoSoc Directive, infringe the exclusive right of the producer of the phonogram from which the sample has been taken. The Advocate General also examined the quotation exception and the balancing of rights and fundamental freedoms enshrined in EU law in relation to music sampling.