In from
Robin Ray v Classic FM, from
The UK High Court believes that the contractor providing the service has intellectual property rights in the materials created for the customer. This decision is a useful guide for contractors as it is one of the main examples of determining whether an IP Commissioner can use intellectual property for purposes not explicitly considered in a written agreement.
Background
Mr. Lei is a well-respected expert in the British classical music scene and is said to have an encyclopedic knowledge of classical music. He was engaged in Classic FM in the UK in 1991, editing radio station tracks, editing playlists, classifying tracks for playlists, and rating their popularity based on each category. The contract does not involve intellectual property rights. The consultation agreement was originally for 11 months, but Mr. Ray's work provided useful services for Classic FM, and his service was extended to 1997. About 50,000 tracks have been classified in history. The results of this work were incorporated into a database for taking turns to select music and preventing over-playing.
The project has been successful. After approximately 5 years of internal use, Classic FM recommends licensing the database to overseas companies. Mr. Ray observed and agreed to the procedure to prevent the Classic FM license from being used outside the UK without his permission, on the grounds that he was the author of the documents integrated into the database.
High court ruling
Mr. Light Lightman ruled in the High Court that, in the case of advisory services, the author retained the copyright without the express or implied opposite effect. If the consultant's services are conducted for a clear purpose, the court will require a term to be used in the service contract for which the customer has the right to use it for this purpose. In this case, Classic FM always intends to use Mr. Lei's work in the UK. It was not until 1996 that Classic FM intended to use Mr. Lei's work overseas. The court is not prepared to attach the license to the contract in which Classic FM has the right to use its work overseas. Classic FM cannot use its database abroad without the consent of Mr. Lei, which requires a license fee.
When a license is involved in this way, the court will only implement the party's intentions as much as possible in the circumstances. If a license is required, the scope of the license will be the minimum requirement for the parties to take effect at the time of contract signing. The implied terms that copyright will assign to customers will be extremely rare, as in most cases, the exclusive license will have the same legal effect.
The judge believes that the contractor retains some of the default or implied copyrights of the opposite effect. The contract can indicate which party is entitled to the copyright and the contractor has commissioned - performed by the contractor - this fact is not sufficient to grant the customer copyright. In the absence of a clear right, the customer may determine the rights in accordance with the express or implied terms of the contract.
in conclusion
This decision means that the contractor retains the copyright without implied or express terms. Implied licenses must be reasonable and fair; the business efficiency of the contract must be improved, the express terms of the contract can be clearly expressed and not violated, and it is obvious that it is self-evident. Licensing of ownership and use rights of intellectual property rights should not be left to opportunity; preferred is an implied license that is not required, which allows the customer to use the work, but provides the purpose so that it can be used outside of participation. Therefore, it is important to document the purpose of participation and the intended use of copyright works created during the engagement process.
Orignal From: Implied license and intellectual property ownership in the UK
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