Advanced Copyright Law - Key Areas in Depth

Introduction

Assuming a detailed working knowledge of copyright law and practice, this full day in-person seminar will consider a number of key areas in some depth which are rarely covered in copyright sessions.

What You Will Learn

This course will cover the following:

• A consideration of whether there can presently be copyright for a work created “solely” by AI (Artificial Intelligence) or an animal, including the latest replies and proposals arising from the UK IPO’s Consultation on Artificial Intelligence and IP which closed in January 2022
• Exhaustion of Rights and the whether the post-Brexit/IP Exit Day position might change
• 'Agreements to agree' clauses, typically in respect of assignments and licenses, and their enforceability
• When an agreement described as an assignment might be held to be a licence - and vice-versa. Conflict of laws in relation to assignments and licences, especially for domestic and foreign law “reverter” provisions
• The application of moral rights in practice and damages for their infringement
• Authors and Employment - when an author might be held to be an employee for the purposes of s.11 of the Copyright, Designs and Patents Act 1988
• Copyright in buildings and architects' plans and drawings. Is there always a “right of panorama”? Remedies for infringement
• The position of 'ghost writers'
• Incidental inclusion and the limits in practice
• A discussion on the boundaries of artistic works
• Copyright subsisting in a work which infringes another?
• The still continuing 'carry overs' from the Copyright Act 1911 (and 1956), including the little known 'automatic' assignment reverter provisions
• Assignor's right to royalties - the potentially serious problem of assigning copyright in exchange for, or partly for, royalty payments. Extension to smart contract NFTs?
• Fiduciary duties of publisher-assignees