cfi-The Look and The Law Aug 09:The Look, The Law & The Knowledge 2009 07/09/2009 13:55 Pag
It is what is called the qualitative versus the quantitative test. Something may be so
special or outstanding from a piece of work, that even a small bit of copying could
be infringing (“the quality”), and equally something may be infringing simply because
it has taken lots of parts or sections in relation to the work as a whole (“the
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quantity”). Ignore the myths, such as “it’s ok to take 30% of a work”, or “you just
need to make 3 changes to a design for it to escape copyright infringement”. You
really need to get some legal advice if you think someone has misused your work
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in the same way.
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Music and Copyright: If you make it all the way to the catwalk, you will no doubt
wish to add panache or grit to your display with some suitable music. Equally as
THE
your business expands you may wish to use music on your website or in marketing
or advertising opportunities. Unless you are using original music that you have
composed or commissioned (having ensured you’ve assigned the rights to yourself
from the composer), the copyright owner’s permission is required if you wish to
exploit their work. There are separate copyrights in sound recordings, music and
lyrics. So whereas the author of the music and lyrics will generally be the owner of
the copyright, the position regarding sound recordings is more complicated, as the
rights vest in the person who “makes the necessary arrangement” for the making
of that recording. This could be the artist, the individual producer or the record
company, depending on the circumstances. In practice, if a record company is
involved, it will take steps to ensure that it owns copyright in the sound recording.
The music publishing industry earns its money by exploiting copyright in music and
lyrics.
You must therefore be very careful that any music you use, whether in a live show
or other medium, is properly authorised and “cleared”. This will often involve contact
with Collecting Societies. They collect public performance and mechanical income
for songwriters, and grant licences on the copyright owners’ behalf and collect and
distribute the resulting royalties.
The two key UK societies in the licensing of rights in music and lyrics are the MCPS
(the Mechanical-Copyright Protection Society and the PRS for Music ( formerly The
Performing Right Society), which can both currently be found at
www.prsformusic.com). Using unauthorised music can be a very expensive
business – so always think to get some advice before using someone else’s
sounds, or before contacting the collecting societies.
TRADE MARKS AND PASSING OFF
Unregistered trade marks often exist in the get-up and names under which goods
are sold or services are provided. These generate goodwill which can be protected
by way of legal proceedings for “passing off” if unauthorised third parties use the
same or similar get-up or names.
Key requirements for a passing off claim to succeed are that there must be goodwill
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