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Legal Eagle

Copyright

'Passing off' - proving it.
Recently, I read in The Stage that a lookalike artist was planning to sue a rival for passing off. How does one prove this?

'Passing off' - remedy.
A group listed itself under our name without permission, and gave its number in place of ours. It disbanded and no calls or messages for us were forwarded. The same error is in this year's book. What can we do?

'Passing off' - same name.
Recently I learned that another act was performing under the same name as myself. I am a member of Equity, they are not. Can I do anything to make them change the title of their band?

Updating works.
I am a writer who wants to update a certain well known 20th century play in order to make it more relevant to today. The work is still in copyright, so where do I stand?

Rival productions.
My company is producing a popular stage play. We want to make certain that no rival production is being staged around the same time or in the same locality. What do you advise?

Intellectual property - game show ideas.
I have an original idea for a radio quiz show. Producers have sounded unusually keen on my latest project. How do I ensure copyright over it?

Pictures - who owns portfolio?
I recently paid for a portfolio of promotional photographs. I have been told that I cannot reproduce the pictures because these are the photographer's property, not mine. Is this true?

Pictures - who owns video?
After having paid a video promotion company to film footage for a television documentary, do we retain the copyright of this footage? The video company claims it owns the copyright.

Pictures by Joe Public.
At the debut of my play a man was seen filming the entire performance using a camcorder. This is surely a breach of copyright, but what can be done to stop it?

Domain addresses.
Our theatre company registered a domain address. The name is also the copyright and trademark (but not the registered domain) of a US company. What is our position in law if our rival is not a theatre company?

Writing biographies.
I want to write a book, possibly biographical, about an entertainer. Do I need their permission?

'Passing off' - voices on radio
In regards to the impersonation of celebrity voices in radio advertising - can action be taken by the celebrity being impersonated?

Lookalike agency - legal considerations
If someone wants to set up a lookalike agency are there any special legal considerations of which they should be aware?

Biographies - breaching copyright
I am writing a biography which includes quotes from other authors and sources. How do I ensure that I do not breach copyright?

Extracts used without publisher's permission
I want to print an extract from a biography. I wrote to the author to request permission. The letter was returned by Royal Mail. Can I proceed without permission?

Copyrighting lyrics
What is the cheapest and best way to copyright all my song lyrics before entering a studio to record them, or even to perform them live?

Film copyright
I want to make a low budget film paying the actors' expenses only. I want to retain copyright and show the film wherever I like - can I do that and not face problems with the actors?

Copyrighting ideas
When producing ideas for prospective clients how do I ensure they do not steal those ideas and then refuse to employ me?

Do choreographers hold copyright?
Does a choreographer who creates a dance routine enjoy copyright? If so, can I prevent a photographer taking pictures of me?

Can I use real letters in a play?
I am writing a play based upon a real-life people. To what extent can I employ the letters exchanged? And is there any difference whether the play is performed, printed or on the internet?

Co-author permissions/royalties for songs
I am the co-author of a recorded song performed on record in a West End review and often broadcast worldwide. The publishers refuse any royalty, saying they have no records. Do I have a remedy?

Protecting the band name
I have just formed a new seven-piece band, which seems to be doing well but I want to safeguard the name of the band if I lose the members. How can I do so?

Co-author copyright contracts
I am the co-author of a song performed in a West End review and broadcast worldwide. The publishers refuse any royalty. I am not a PRS member, as I have not had a qualifying number of songs published. Do I have a remedy?

Passing off - tribute artists
I recently heard the parents of the late Jim Morrison had taken court action against an act inspired by the Doors. What must tribute artists do to stay on the right side of the law?

Cease and Desist despite acknowledgement
I wrote a sequel, having corresponded with the author of the original (now dead). My play confirms the debt in its title and contains an acknowledgement. However, the author's estate has claimed infringement of copyright. What can I do?

Original recording royalties for compilation albums
What steps ought a music producer take when repackaging an original recording of an artist's earlier material for a compilation album, in order to ensure royalties issues do not arise?

Misleading director credit
If a theatre advertises a play under the name of another director who has had no involvement whatsoever in the making of that play, what legal remedies does the director have?

Changing review quotes
I'm a publicist for a show which has had several reviews, none favourable. However, if I quote certain phrases from each, it will give a much more positive slant on what the critics have said. Can I do so?

Licensing for using extracts from other shows
I want to feature extracts from famous shows in a new production. Do I need to protect myself from legal action?

Rights for a cast recording
If I produce a cast recording album, whose rights do I have to take into account?

Literary rights when previously made into feature films
Is it correct that literary copyright lasts until 70 years after the author's death? Does the situation change when a work has been filmed?

Author's rights - maintaining them
How can an author be sure of safeguarding their rights once a work is in production?