NIPC Law

Mungo Jerry live at Zürisee-Festival in Switzerland 2013, Erlenbach Author Harald Bischoff Creative Commons Attribution-Share Alike 3.0 Unported licence. Source: Wikipedia IPEC (His Honour Judge Hacon)  Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd and Others [2017] EWHC 1058 (IPEC) (10 May 2017) This case, which came before His Honour Judge Hacon on 23 Feb 2017, shows how copyright comes into being, how it is assigned and how much care should be taken when drawing up agreements for its assignment, particularly when settling disputes over ownership. The story began in 1966 when Jacques Dutronc  recorded a song entitled  Et moi, et moi, et moi   which reached number 2 in the French charts. Dutronc had composed the music while Jacques Lanzmann wrote the words. Because Britain and France were and remain parties to the Berne Convention , copyright subsisted automatically in those works in the Uni...

As everyone knows, copyright restricts the acts listed in s.16 (1) of the Copyright, Designs and Patents Act 1988  ( "CDPA" ) in relation to a work in which copyright subsists ( "a copyright work" ). Those acts include copying, issuing copies, renting, lending or communicating the work to the public etc. Anyone who does any of those acts without the owner's licence  infringes that copyright. He or she may be sued or in an extreme case prosecuted. Clearly, if you want to broadcast, perform or otherwise make use of a copyright work it is a good idea to get a licence. As all those lovely artists, choreographers, composers. dramatists, novelists, poets, song writers and other authors need to live it is only right that they get paid a reasonable fee for their trouble. But therein lies the rub because what may seem reasonable to you and me as consumers may not feel reasonable to an artist in his garret or, more importantly, his agent in his BMW. As I argued...