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Performers' Rights
Performers' Rights
5th Edition
Practice Area:  Media & Entertainment Law
ISBN:  9780414038783
Published by:  Sweet & Maxwell
Publication Date:  10 Dec 2015
Format:  Hardback
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Performers’ Rights is the essential handbook for practitioners advising performers, their representatives, exploiters of performers’ rights and their representatives. It provides an in-depth treatment of performers’ statutory rights under Part II of the 1988 Copyright, Designs and Patents Act and subsequent legislation, together with broad coverage of the legal position of performers more generally.

  • Explains the nature and duration of performers’ rights, including the key case law
  • Sets out the key definitions, including “performers”, “ownership” and “broadcasting”, as well as the categories of live performance
  • Explains the relationship between performers’ rights and recording rights
  • Discusses each type of infringement of performers’ rights – and the available defences
  • Explains proceedings – who can sue, who can be sued, and where – and the different remedies available
  • Covers moral rights as they apply to performers
  • Explains the various criminal offences
  • Analyses the contracts available to protect rights, including assignment and licences
  • Covers other protections, such as authorship, copyright in sound recordings and films, and passing off
  • Sets out the protection in key countries, including Australia, Canada, Hong Kong, India, Israel, Jamaica, Kenya, New Zealand, Nigeria, Pakistan, Singapore, South Africa and USA
  • Reproduces the relevant parts of legislation, rules, regulations, treaties, conventions and agreements

KEY DEVELOPMENTS SINCE THE LAST EDITION: 

  • The Beijing Treaty on Audiovisual Performances
  • Amendments to the Copyright, Designs and Patents Act 1988 made by the Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014, the Copyright and Rights in Performances (Disability) Regulations 2014, the Copyright (Public Administration) Regulations 2014, the Copyright and Rights and Performances (Quotation and Parody) Regulations 2014 and the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014
  • Other legislative developments such as the Copyright (Regulation of Licensing Bodies) Regulations 2014 and the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014
  • The case law of the Court of Justice of the European Union concerning communication to the public
  • The case law of the Court of Justice of the EU concerning exceptions and limitations
  • Domestic case law including Henderson v All Around the World Recordings
CONTENTS
The Evolution of Performers’ Rights in the UK; Subsistence and Duration; Ownership, Licensing, Equitable Remuneration and the Copyright Tribunal; Infringement; Permitted Acts and Defences; Proceedings; Moral rights; Criminal Law; Performers’ Contracts; Other Forms of Protection for Performers; Performers’ Rights in other Countries; Appendices.
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