Performers College Ltd v Revenue and Customs (Vat – Exempt Supplies : Education): FTTTx 15 Mar 2017
Citations: [2018] UKFTT 197 (TC) Links: Bailii Jurisdiction: England and Wales Taxes – Other Updated: 13 April 2022; Ref: scu.609194
Citations: [2018] UKFTT 197 (TC) Links: Bailii Jurisdiction: England and Wales Taxes – Other Updated: 13 April 2022; Ref: scu.609194
Three members of the group Spandau Ballet sought to be treated as joint authors of the songs in which copyright was claimed. The songs had been composed at home by another member of the group who was a keyboard player and singer, but then played and learned by the claimants, who added their own interpretation … Continue reading Hadley v Kemp: 1999
ECJ Opinion – Copyright and related rights – Directives 92/100/EEC and 2006/115/EC – Rights of Performers and Producers of Phonograms – Article 8, Paragraph 2 – Public Communication – Communication of phonograms in the indirect part of radio reported in the waiting room of a dental practice – The need for a profit – Fair … Continue reading SCF Consorzio Fonografici v Marco Del Corso: ECJ 29 Jun 2011
ECJ Copyright and related rights – Directives 92/100/EEC and 2006/115/EC – Rights of performers and phonogram producers – Article 8(2) – Communication to the public – Indirect communication to the public of phonograms in broadcasts received using radios or televisions in hotel bedrooms – Communication to the public through the provision of players and phonograms … Continue reading Phonographic Performance (Ireland) Ltd v Ireland and Others: ECJ 29 Jun 2011
Judges: Thomas LJ Citations: [2006] EWCA Civ 819 Links: Bailii Statutes: National Health Service (Performers Lists) Regulations 2004 Jurisdiction: England and Wales Health Professions Updated: 11 September 2022; Ref: scu.242657
Corporation Tax – Theatre Tax Relief – Whether Christmas Spectacular Is An ‘Other Dramatic Piece’ – Yes – whether the performers wholly or mainly give their performance through the playing of roles – yes – appeal ALLOWED Citations: [2022] UKFTT 240 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 10 September 2022; Ref: … Continue reading Thursford Enterprises Limited v Revenue and Customs: FTTTx 5 Aug 2022
The doctors complained of their removal from the respondents’ ‘performers lists’. Held: A primary care trust when holding such an oral hearing had to allow doctor to have legal advocay. Though no such right was granted by the regulations nor was it excluded. Where there were disputed issues of fact, a doctor ought to have … Continue reading Regina (SS) v Knowsley NHS Primary Care Trust; Regina (Ghosh) v Northumberland NHS Care Trust: Admn 19 Feb 2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession. Held: At the disciplinary proceedings: ‘there were serious flaws at the hearing of 16 March which in my judgment rendered it unfair and … Continue reading Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006
ECJ Act of accession of the Kingdom of Sweden – Sixth VAT Directive – Transitional provisions – Exemptions – Services provided by authors, artists and performers – Lack of jurisdiction of the Court Citations: C-134/97, [1998] EUECJ C-134/97 Links: Bailii European, VAT Updated: 03 June 2022; Ref: scu.162092
The Act created a private right to performers. Although it might appear to provide criminal sanctions only, performers had the right to give or withhold consent to the use of their performances and to enforce that right by action in the civil courts. This statutory right was not purely personal, but survived the death of … Continue reading Rickless v United Artists Corporation: CA 1987
The public, who go to a theatre, have a right to express thelr free and unbiassed opinions of the merits of the performers who appear upon the stage, but parties have no right to go to a theatre, by a preconcerted plan to make such a noise that an actor, without any judgment being formed … Continue reading Gregory v Duke Of Brunswick and Vallance: 21 Jun 1843
The defendant had sold unauthorised recordings made of Elvis Presley at his contacts and was selling them. The plaintiff had the rights to the works of Elvis Presley, and claimed under the 1958 Act. Citations: [1982] 2 All ER 468 Statutes:
ECJ Judgment – Copyright and related rights in the information society – Direct applicability of the Rome Convention, the TRIPS Agreement and the WPPT in the European Union legal order – Directive 92/100/EC – Article 8(2) – Directive 2001/29/EC – Concept of ‘communication to the public’- Communication to the public of phonograms broadcast by radio … Continue reading SCF Consorzio Fonografici v Marco Del Corso: ECJ 15 Mar 2012
ECJ Copyright and related rights – Directive 2006/115/EC – Articles 8 and 10 – Concepts of ‘user’ and ‘communication to the public’ – Installation in hotel bedrooms of televisions and/or radios to which the hotelier distributes a broadcast signal [2012] EUECJ C-162/10, [2012] Bus LR D113, ECLI:EU:C:2012:141 Bailii Directive 2006/115/EC European Citing: Opinion – Phonographic … Continue reading Phonographic Performance (Ireland) Ltd v Ireland and Others: ECJ 15 Mar 2012
The employee was injured at work, but in a way excluded from the employers insurance cover. He now sought to make the sole company director liable, hoping in term to take action against the director’s insurance brokers for negligence, the director himself now also bankrupt. The pursuer now appealed. Held: The appeal failed, and the … Continue reading Campbell v Gordon: SC 6 Jul 2016
An injunction is available to any person who can show that a private right or interest has been interfered with by a criminal act. Lord Denning MR [1978] Ch 122, [1978] 3 All ER 795 Performers Protection Act 1963 England and Wales Cited by: Overruled – Lonrho Ltd v Shell Petroleum Co Ltd (No 2) … Continue reading Ex parte Island Records: CA 1978
The claimant dentist claimed in negligence and/or breach of statutory duty, saying that the defendant had unlawfully removed the claimant’s name from its dental performers list causing financial loss. Sir Colin Mackay [2014] EWHC 4197 (QB) Bailii Health Professions Updated: 24 December 2021; Ref: scu.539947
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users. Held: Amstrad could only be liable as a joint tortfeasor. If they were not a joint tortfeasor they would be under no tortious liability. … Continue reading CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988
Format of TV show not copyrightable Court of Appeal of New Zealand – The plaintiff had developed the program ‘Opportunity Knocks’ on British television. He claimed copyright in the general structure or format of a similar television programme in New Zealand, and also in passing off. By ‘dramatic format’ the appellant meant the characteristic features … Continue reading Green v Broadcasting Corporation of New Zealand: PC 18 Jul 1989
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
The illegal activities of bootleggers who had made unauthorised recordings of concerts, diminished the profitability of contracts granting to the plaintiffs the exclusive right to exploit recordings by Elvis Presley.
Held: The defendant’s . .
Procedure to be adopted by a Primary Care Trust when considering removal of a general practitioner from its performers list under Regulation 10 of the National Health Service Performers Lists Regulations 2004 . .
The complainant has requested information from NHS Rotherham about the number of practitioners on its performers list that have not worked in the Rotherham locality within the past 12 months, but have remained on the list. NHSR initially provided a . .
References: [1988] QB 40, [1987] 1 All ER 679, [1987] 2 WLR 945 Coram: Hobhouse J, Sir Nicolas Browne-Wilkinson V-C, Bingham LJ Ratio: The Act created a private right to performers. Although it might appear to provide criminal sanctions only, performers had the right to give or withhold consent to the use of their performances … Continue reading Rickless v United Artists Corporation: CA 1988
References: [1843] EngR 859, (1843) 1 Car & K 24, (1843) 174 ER 696 Links: Commonlii The public, who go to a theatre, have a right to express thelr free and unbiassed opinions of the merits of the performers who appear upon the stage, but parties have no right to go to a theatre, by … Continue reading Gregory v Duke Of Brunswick and Vallance; 21 Jun 1843
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