Performers' Rights

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Description
The main international development since the last edition of this book has been the adoption, over 16 years after the WIPO Performances and Phonograms Treaty, of the Beijing Treaty on Audiovisual Performances. When the Beijing Treaty comes into force, it will finally bring to end the long-standing failure of the international instruments to protect performers who have consented to the audiovisual fixation of their performances. This is to be welcomed, but it will have little impact on UK law, which already provides such protection. Of rather greater consequence for the UK have been three other develop-ments. The first is the adoption of a number of further European Union Directives in the field of copyright and related rights, and their subsequent implementation into domestic law. The second development has been a set of domestic legislative amendments, particularly with respect to exceptions, stemming mainly from the Gowers Review and the Hargreaves Review. Together, these have led to the most wide-ranging amendments to Pt II of the Copyright, Designs and Patents Act 1988 since the Copyright and Related Rights Regulations 2003 implemented the EU Information Society Directive. The third development has been an ever-increasing flow of decisions of the Court of Justice of the European Union interpreting the EU Directives in this field, and in particular the Information Society Directive. Beginning with the Infopaq case, these decisions have transformed copyright and related rights law across the EU. I have endeavoured to take all these developments into account while retaining the book's focus on performers' rights as distinct from copyright and other related rights. The law is stated as at 1 October 2015. This edition is dedicated to my mother Ann Arnold, professionally known as Ann Churchill.
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Contents
1.    The Evolution of Performers' Rights in the United Kingdom
2.    Subsistence and Duration
3.    Ownership. Licensing, Equitable Remuneration and the Copyright Tribunal
4.    Infringement
5.    Permitted Acts and Defences
6.    Civil Proceedings
7.    Moral Rights
8.    Criminal Law
9.    Performers' Contracts
10.  Other Forms of Protection for Performers
11.  Performers' Rights in Other Countries
Appendix 1 to Appendix 4
Index
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Author Details
Richard Arnold
One of Her Majesty's Justices of the High Court
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