Copyright ©
The infringement of copyright or performer's rights by making a work available to the public in the course of a business or to an extent which prejudicially affects the copyright owner becomes a criminal offense (reg. 26; new s. 107(2A) of the 1988 Act)
A copyright holder may obtain an injunction (Scots law: interdict) against an internet service provider (ISP) who has "actual knowledge" of another person using their service to infringe copyright or a performer's right. In determining whether the ISP has actual knowledge of the infringing use, the High Court (or Court of Session in Scotland) shall take into account all matters which appear to be relevant, in particular whether the ISP has received notification under regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 No. 2013[4] (reg. 27; new ss. 97A, 191JA of the 1988 Act).
Regulation 28 extends the right to bring action for infringement of copyright to non-exclusive licensees (it was previously limited to copyright owners and exclusive licensees) when the infringement is directly connected to a prior licenced act by the licencee and the licence expressly grants a right of action (new s. 101A of the 1998 Act). The non-exclusive licensee shall have the same rights and remedies as the copyright owner would have in any action. The right of the non-exclusive licensee to bring action is concommitant with that of the copyright owner.
Artists resale right
In the case of artistic works, on 14 February 2006 a new intellectual property right known as artist's resale right was created in the United Kingdom, by regulations made under the European Communities Act 1972. The right subsists for as long as copyright in an artistic work subsists and means that when a qualifying sale is made that the artist who created the work being sold is entitled to a royalty on the sale. The right is not assignable and it cannot be waived. The right can be transferred only intestate or via a will and becomes bona vacantia if no heirs exist.
The right is only exercisable by a qualifying individual or a qualifying body. A qualifying individual is either an EEA national or a national of a country which is defined in Schedule 2 to the order creating the right. A qualifying body is a charity within the United Kingdom or a charity which is based with the EEA or a country defined in Schedule 2 to the order. The right only covers original works or those works where a limited number of copies have been made under the direction of the author. A sale is only regarded as a resale if the price of the work being sold is greater than 1,000 Euros (aprox 650 GBP) and either the seller or buyer is acting in the capacity of a professional art dealer. There is a saving provision which allows for works purchased directly from the author for under 10,000 within the last three years to not fall under the resale right. The seller is jointly liable to pay the royalty with a relevant person. The relevant person is defined as one or more of the agent of the seller, the agent of the buyer or the buyer where no agents exist. The relevant person must be a professional art dealer in order to be liable to pay the royalty. The holder of resale right on an artistic work has the right to obtain information to enable the payment of the royalty from any professional art dealers involved in the transaction when that request is made within three years of the transaction taking place. Where a sale takes place before 2010 only living authors are eligible for the royalty.
All copyrights are reserved - Arts and Crafts Company ©.E-mail: contact@arts-and-crafts-company.com
