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Ben Challis
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By Ben Challis, Barrister-at-law
In this article Ben Challis examines current developments in the United Kingdom which could be used to support the concept of a coherent stand alone ‘image right’ for celebrities. But Ben asks whether it is time for legislation to govern an area of such of obvious economic importance.
By Ben Challis, Barrister-at-law
The European Court of First Instance has annulled the European Commission’s approval of the 2004 merger between Sony Music and BMG, which allowed the music industry to shrink from five major companies to four. The case, brought to court by IMPALA on behalf of European independent record labels, has been closely watched by Warner Music and EMI who must now wait and see how Europe's top antitrust authority will react to the court’s decision
By Ben Challis, Barrister-at-law, Ben Challis, Barrister-at-law
In this article Ben looks at the current moves by the UK’s recording industry to push for a Europe wide extension in the term of copyright for sound recordings - from fifty years to ninety five years. But Ben asks if this is the time for a complete overhaul in the way copyrights are owned and suggests that any change in term should only be made with additional provisions to protect both the customers and the creators of recorded music.
By Ben Challis, Barrister-at-law
In one of the most important decisions in the area of occupiers liability in the last decade the House of Lords, the United Kingdom’s supreme tribunal, has made a landmark decision limiting the liability of occupiers: The case arose out of a tragic accident at Brereton Heath Country Park, between Holmes Chapel and Congleton.
Most people who are involved in exploitation, global licensing and merchandising of television programmes know the value of a television format – whether it is Who Wants To Be a Millionaire?, Big Brother, Wheel of Fortune, Pop Idol or Family Fortunes. Licensing formats – where the creator of a format licenses a broadcaster or production company in another territory with the right to produce a version of that format - is a massive global industry worth
Sampling can be simply defined as the incorporation of pre-existing recordings into a new recording. It can be extended to include the incorporation of part or the whole of a ‘tune’ (a melody) and/or lyrics into another work. Copyright subsists in sound recordings and in the music and lyrics to a song pursuant to section 1(1) of the Copyright Designs and Patents Act 1988 (CDPA).
By Ben Challis, Barrister-at-law
By Ben Challis, Barrister-at-law
From the humble VHS machine to Internet file swapping, the issue of hardware and software – which has both infringing and non-infringing uses – has long troubled the courts on a global basis.