abstracts, copying 68
abuse of a dominant position 369
acceptance 96
acceptance on delivery 112
‘accessible copies’ 64
account of profits 280
acquired rights, in revived copyrights 40
adaptation, making an 267
advances, publisher’s duty to give 120–1
anonymous and pseudonymous works: copying 68; duration of copyright in 41
anti-competitive agreements (Article 101) 363
anti-competitive practices 361
anthologies, for educational use 58
applicable law and jurisdiction 134
approval, in contracts 112
arbitration and dispute resolution, provision in authors’ contracts 133
Article 34: free movement of goods 374
Article 101: anti-competitive agreements 363
Article 102: abuse of a dominant position 369
artistic craftsmanship, works of 22–3
artistic works: copyright protection for 21–3; summary checklist 23
artist’s resale right (droit de suite) 90–1
artwork, copyright distinct from physical ownership 34
assertion, of right of paternity 78
assignment of copyright 78
assigns, and assignment of contracts 106–7
‘authorised bodies’, copying for disabled people 62–64
authorising copyright infringement 262
author contracts, PA Code of Practice 104
author–publisher agreements 104–35
authors and joint authors 30; warranties and indemnities by 113
bankrupts, contracts by 103
Berne Convention 4, 285–6; ‘3-step test’, see three step test
blasphemy 232
book club rights 153
breach of confidence, actions for and defences to 250
British codes of advertising 343
broadcasts 25–6; authors of 32
caricature, fair dealing for 52
champerty 101
co-editions 153
collective licensing 70
collective works, authors of 31
‘commercial publication’ for right of paternity 78
commissioned works: copyright ownership in 32, 137; moral rights in 144
common law 6
communication/making available to the public right 13, 267
‘communication to the public’ 27
comparative advertising 340
competing works, by authors 113
Competition Act 1998 363
competition rules 363
compilations, as literary works 17
computer programs: as literary works 18; authors of 31; lawful use of 66
computer-generated works, as literary works 18; copyright ownership 31
concepts, developed, confidentiality in 240
conditions, in contracts 314
confidence, actions for breach of 250
confidence, relationships of 241–2
confidential information 240
confidentiality: agreements 242–3; government 257
consideration, necessary for contracts 97–8
Consumer Protection Act 1987 326
contempt of court 215
contract override, in UK exceptions 49, 55
contract terms 313
contract, what makes a 7, 95–8
contracts of sale or supply 312–316
contributors, text and illustrations 143
copying 262
copyright: assignment of 72–3, 95–6; core rights 13; duration of 37–44; exceptions 14, 47; history of 11–12; intellectual property and 10–11; ownership 29–35; qualification for 34–5; works 15–29
copyright directive, 2001 12–14
copyright infringement: criminal penalties for 281; defences, see exceptions; indirect 262; primary 260; secondary 269; who can be sued 275; who can sue 274
copyright licensing and collective management 70–3
copyright owner, what to do if you can’t find 70, 191
creative commons licensing 72
crown copyright, duration of copyright in 43
current events, reporting 55
customs confiscation 281
cybersquatting 305
damages 278
DSMA-notices 258
database directive 86
database right 86
databases, copyright in 17–18; lawful use of 66
deal memos 100
dedicated terminals, exception for making available via 59–60
defamation: absolute privilege 215; consent, as a defence to 220; death of plaintiff, kills the action 221; ‘defamatory meaning’ 201; honest opinion, as a defence to 212; identification, need for 206; intermediary liability 217; innuendo and hidden meanings 205; juxtaposition, risks of 208; libel damages 198–9; limitation of actions 221; ‘offer of amends’ 220; public interest defence 213; publication, liability for 208; qualified privilege 215; serious harm 200; social context, importance of 203–4; truth, defence of 210
defective goods, liability for 326
delivery, authors’ responsibility for 112, 184
delivery up 253
derogatory treatment, and right of integrity 80
design material for computer programs, copyright protection for 18
designs and typefaces, permitted use of 67
Digital Economy Act 268
Digital Millennium Copyright Act 291
Directives, EU 5
Disabled and print impaired people, exceptions for 62–5
‘disabled persons’ 64
dispute resolution and PA scheme 133
distance selling 329
distribution right 13
domain name disputes 304
‘dominant position’ in markets 370
dramatic works, as copyright works 23–4
DRM (Digital Rights Management) 377
droit de suite, see artist’s resale right
droit moral, see moral rights
drunkards, contracts entered into by 102
duration of copyright 37–45; duration directive and EU harmonization 38–9; 1995 UK regulations 39–41; in individual works 41–4; summary checklist 44
e-books 377
educational use, copyright exceptions for 57–60
electronic copies, transferring 67
electronic licensing and joint ventures 170–1
employee works, copyright ownership in 33–4
employees, apparent authority to contract 103
European Court of Human Rights 4
European Court of Justice 5, 7
European Parliament 4
Exceptions to copyright 14, 47
exclusion and limitation clauses 323
exclusive licences, meaning of 109
exemptions and block exemptions 365–6
exhaustion of rights, in Europe 376
Extended Collective Licensing 72
extensions of copyright, following duration directive 39
fair dealing 50–2; fair dealing for caricature, parody or pastiche 52–3; for quotation for criticism or review 49–50; for reporting current events 55–6; for research or private study 53–4
false attribution, moral right to prevent 83–4
films 25; authors and copyright ownership 32; duration of copyright in 43; single frames of 25; sound tracks 25; underlying rights 165
first publication, qualifying for copyright 36–7
fitness for purpose, implied condition of 320
formats 110
free movement of goods (Article 34) 374
freezing injunctions 277
GATT 285
General Editors, contracts for 141
ghost writers, as authors 30
government confidentiality, breach of 257
Gowers Review 48
graphic works, as artistic works 21–2
Hargreaves Review 48
honest comment see defamation
human rights and privacy 246, 354
human rights law 89
ideas: no copyright in 9
illegality, contracts unenforceable for 100
incidental inclusion 56
indecent photographs 230
indemnities 117
indexes: providing for 192; tired authors not always best at 118
infringing copy: importing an 269; possessing or dealing with an 270; providing the means for making 271
injunctions 277
innuendoes, see defamation
integrity, moral right of 80–3; derogatory treatment and 80–2; exceptions to 82; summary checklist 83
intellectual property, copyright as form of 10–11
intention to be legally bound, in contracts 97
international copyright protection 284–8
international court of justice 4
international law 3
internet transmissions, copyright in 26–7
Internet, legal risks of 167–72
issuing copies to the public 265
joint authors 30
joint committee on legal deposit (JCLD) 193
joint ventures 156: co-editions 124–6; electronic licensing 170–1
judicial proceedings, permitted copying for 65
jurisdiction, provision in authors’ contracts 134
‘key man’ clause, in merchandising agreements 164
‘know-how’, not normally confidential 243
language and translation rights 157
late payment of debts 128
legal capacity, to make contracts 101–3
letter before action 276
libel: authors’ warranty against 116; damages for 198; different from slander 200; repeating a 205; see also defamation
library and archive copying 60–2
licences of right, in revived copyright works 40
linking 222
literary works 16–21; summary checklist 21
‘making available’ to the public 50
malice, see defamation
malicious communications 233
malicious falsehood 224
manuscripts, copyright distinct from physical ownership 34
Mareva Injunctions, see freezing injunctions
Marrakesh Treaty 2013 64
mental patients, capacity to contract 101
merchantability and satisfactory quality 318
minors, capacity to contract 101
misleading advertisements 336
misrepresentation 317
moral rights of authors 76–85; editorial alterations and 186–9; false attribution, right of 83; integrity, right of 80; paternity, right of 77; privacy of photos and films, right of 84; remedies for infringement 85; waivers of 79
multimedia, see electronic rights
musical works 24
‘national treatment’, under Berne Convention 285
negligence, and duties of care 225, 324
negligent mis-statement 225
non-delivery or late delivery 183
‘novation’ of contracts 107
obscene publications 227
obscenity: authors’ warranty against 116; defences to 229; obscene articles, defined 227; offences 228–9
offer and acceptance in contracts 96–7
‘offer of amends’, see defamation
‘offers to treat’ 96
open access and open access licences 74
option clauses, not always enforceable 131
options, for film rights 165
originality, required for literary works 19–20
Orphan Works Directive 69
orphan works licensing and UK regulations 69
ownership and title, in goods 314
painting, must be on a fixed surface 22
parallel imports 376
parliament, justice and public administration, permitted copying for 65–6
parliamentary copyright, duration of 43
parody, fair dealing for 52
parties to contract 106
passing off 302
pastiche, fair dealing for 52
paternity, moral right of 77; assertion of 78; waiver of 79; works excluded 79
performing, showing or playing in public 266
permissions, importance of 190–1
permitted acts 271
‘personal data’ 351
personal copying for private use, copyright exception for 48–9
Peter Pan, copyright in 44
photographs: as artistic works 22; authors of 31; commissioned, copyright in 31, 32–3; indecent 230
plagiarism 264
plots or scenarios, as confidential 240
post mortem auctoris (pma), duration of copyright 37
print impaired people, exceptions for 62–5
printers’ and publishers’ details, obligation to print 192–3
privacy, limited moral right to 54; UK law of 246
privilege, see defamation
procuring a breach of contract 101
public lending right 89–90, 247
public policy, reasons for refusing copyright protection 272
publication, qualifying for copyright 36
publication right, in previously unpublished works 88–9
publishers’ lunches, limited alcoholic effect of 102
publishers’ responsibility to publish 118
qualifying authors/‘qualifying persons’ 35–6
qualifying works, summary checklist 37
quitclaims 166
quotation, fair dealing for, copyright exceptions 49–50
quotations, illustration and permissions 190–1
racial and religious hatred, incitement to 233
regulations, EU 5
Rehabilitation of Offenders Act 1974 211
rejection on delivery 185
remainders, provision in author contracts 130
rental and lending 266
reporting current events 55
reproduction right 13
reprographic copying 72
resale price maintenance 367
restraint of trade 362
retention of title clauses 314
reversion of rights to authors under 1911 Act 38
revision of the work, authors’ duty 129–30
revivals of copyright, following duration directive 40
rights, granted by author contracts 107
royalties and advances, in author contracts 120–1
royalty statements, publishers’ duty to provide 127
sale by description 316
sale of goods and consumer rights 285–7
‘satisfactory quality’, implied term of 318
search orders 289
seditious libel 232
seizure of infringing articles 280
simultaneous publication, qualifying for copyright 36
software, copyright ownership 31
sole and exclusive licences 109
sound recordings 24; authors and copyright ownership 32; duration of copyright in 43
‘spent’ convictions, see Rehabilitation of Offenders Act 1974
stamp duty, in author contracts 135
Statute of Anne 1709 11
‘stop now’ orders 328
subsidiary rights, in author contracts 90–4
subsidiary rights contracts 149
‘substantial part’ 261
‘sufficient acknowledgement’, in criticism or review 52
tables and compilations, as literary works 17
term directive, see duration directive
termination, of authors’ contracts 130–1
territories; in contracts 111; in Europe 375
text and data analysis (or mining), exception for 54–5
third parties, contracts may be enforceable by 103
title: implied condition of good 289–90; presumptions on 314
trade marks 295; infringement 300; registering 296
translation rights 157
translations: copyright in 147; moral rights in 148
translators, contracts for 147
typographical arrangements of published editions 28
typographical arrangements, copyright ownership of 32
Ultra Vires, contracts by those acting 102
underlying rights, for film 165
unfair commercial practices 335–6
Unfair Contract Terms Act 1977 339
Universal Copyright Convention (UCC) 12, 95, 287
universities copyright, duration of 44
unpublished works, duration of copyright in 42
unsafe consumer goods, supplying 327
unsolicited goods and services 346
US copyright protection 288–94
user generated works 18, 26, 32
vertical agreements 366
visually impaired people, see print impaired
volume rights, meaning of 110
waivers, of moral rights 79
warning letters, letters before action 276
warranties and indemnities, by authors 113
warranties, meaning of 313
WIPO Copyright Treaties 1996 286
‘works for hire’ in USA, copyright in 145
World Trade Organisation 11, 285
writing, contracts which need 100