header-logo header-logo

11 November 2010
Issue: 7441 / Categories: Case law , Law reports
printer mail-detail

Trade marks and copyright

Crosstown Music Co 1 LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222, [2010] All ER (D) 20 (Nov)

The Copyright, Designs and Patents Act 1988 did not limit valid legal assignments of copyright to absolute assignments.

Where the requirements of s 90(2) and (3) were met, then there would be an effective legal assignment of copyright. It was not right to read into those subsections some further unstated limitations which might or might not affect the transmission of other property at common law.

Where one had a written assignment expressed in language which satisfied the test for certainty in the general law of contract, that would meet the requirements of s 90(2)(a). Where the written assignment was expressed in language which satisfied the test for certainty in the general law of contract, that would meet the requirements of s 90(2)(b) and it was neither necessary nor appropriate to read into that section any further requirement. Section 90 expressly permitted assignments to be for part of the period of copyright.

Neither the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll