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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 2892
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have a copyright question, It's a question about the

Customer Question

I have a copyright question
JA: Do you have a registration record?
Customer: It's a question about the wording of a contract and if this prohibits me from doing something afterwards
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: How much does this cost please?
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: I'm based in the UK so needs to relate to UK not US law
Submitted: 13 days ago.
Category: Law
Expert:  Ed Turner replied 13 days ago.

Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.

Expert:  Ed Turner replied 13 days ago.

This sounds like a very interesting business opportunity.   I am delighted that you have had the foresight to seek legal advice from a solicitor and am hopeful that I can advise you further on the necessary legal steps to realise your commercial aims in this matter.

Expert:  Ed Turner replied 13 days ago.

Please upload a copy of the contract and provide me with some more information about your intentions and concerns.

Customer: replied 13 days ago.
15. INTELLECTUAL PROPERTY
The Contractor warrants to the Company that it has obtained from the Contractor Personnel a written and valid assignment of all existing and future intellectual property rights in the Contractor Services and of all materials embodying such rights and a written irrevocable waiver of all the Contractor Personnel's statutory moral rights in the products of the Contractor Services, to the fullest extent permissible by law, and that the Contractor Personnel has agreed to hold on trust for the Contractor any such rights in which the legal title has not passed (or will not pass) to the Contractor. The Contractor agrees to provide to the Company on request a copy of this assignment on or before the date of this Agreement.
All and any copyright or any other intellectual property rights (whether vested or future and, if future, in respect of copyright by way of present assignment of future copyright), which may subsist and to which the Contractor and/or the Contributor Personnel would otherwise be entitled in the product of the Contractor Services are assigned to the Company absolutely with full title guarantee for the full period of copyright and any renewals revivals revisions and extensions thereof. In the event that the Contractor and/or Contractor Personnel are entitled to any performers rights in the products of the Contractor Services the Contractor grants to the Company such consents as may be required by law to exercise such rights. In addition, the Contractor acknowledges that the Contractor Personnel shall not be entitled to receive any further remuneration in addition to the Fee in respect of the exercise by the Company of any such rights.
The Contractor and Contractor Personnel further agrees to irrevocably waive any and all so called “moral rights” to which the Contractor and/or the Contractor Personnel may now or in the future be entitled in the product of the Contractor Services to enable the fullest use of the product of the Contractor Services.
Without prejudice to the generality of this clause the Contractor hereby confirms and agrees that the assignment of rights in and to the products of the Contractor Services includes any and all so-called "rental" and "lending" rights in and to the product of the Contractor Services. It is further agreed that the Fee takes into account and includes a payment in respect of such "rental" and "lending" rights and that such payment constitutes adequate and equitable consideration for the assignment and exercise of all such lending and rental rights, including, for the avoidance of doubt, by pay per view or payment on demand. Notwithstanding the foregoing, if the Contractor is entitled to receive any monies derived from the lending rental or cable retransmission rights in any Programme incorporating the products of the Contractor Services from any collecting societies which do not reduce the entitlement of the Company to monies from such rights, the Contractor shall be entitled to receive the same but shall not be entitled to claim the payment from the Company or from its assignees licensees or successors in title.
Customer: replied 13 days ago.
I need clarification on what "any renewals revivals revisions and extensions thereof" means
Expert:  Ed Turner replied 13 days ago.

Thank you for that further information.   I am considering my reply which I will post shortly.   Please note that Just Answer is not an “Instant Messaging” service and therefore it may take me some time to research your issue and draft a reply. However, I have your enquiry well in hand and appreciate your patience.

Expert:  Ed Turner replied 13 days ago.

I have put a bespoke offer through on the Portal for a Premium Service Document Review and telephone consultation.     The fee is in addition to your ordinary Just Answer subscription.   If you accept, I will pass you my direct email address and mobile phone number through on the Portal and can accept your direct contact details.

I can review a brief amount of documentation from the customers (up to 20 pages or so).

The phone calls generally last around 20 – 30 minutes at most. I will let you know if we are going around in circles and I am repeating myself.

You will not receive any additional documentation from me or Just Answer (apart from payment confirmation).

I will discuss my fees with my main virtual law firm on the call. Under my Just Answer Expert Agreement, I cannot provide Customers any direct contact details or information about my law firm’s charges unless they accept a Premium Service Phone Call.

If you choose to instruct me directly through my law firm, this will be a different contract from yours with Just Answer. I will open a new client-matter for you with my firm and send you retainer documentation in the form of a Client Care Letter and Terms of Engagement.

Customer: replied 13 days ago.
Thanks for your offer. I may well take this up in the future when i have more clarity. I guess for now my basic question is whether a follow-up documentary about the same people and subject matter as a previous film would constitute a breach of copyright if it was called something else, and broadcast on a different platform?
Expert:  Ed Turner replied 13 days ago.

OK, thanks for that further info.   I am logging off platform for the evening but will answer your enquiry tomorrow morning.

Expert:  Ed Turner replied 12 days ago.

Sorry for the delay.   I have now reviewed the clause and it is very poorly drafted, convoluted and unclear.    It appears to be some kind of Intellectual Property Rights Indemnity in favour of your client.

Expert:  Ed Turner replied 12 days ago.

It would assist if you can upload a copy of the full contract to the portal and provide me with some background as to the business relationship.   At present, I do not have sufficient details to advise with certainty.

Expert:  Ed Turner replied 12 days ago.

I hope this is a satisfactory initial reply to your question and you understand my recommendations.    Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice.    If you accept, I will pass you my direct email address and phone number.     I can review any relevant documentation and consult with you by telephone for around 20 minutes.   This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

Customer: replied 12 days ago.
Thanks for your answer.
This contract is signed by the director of a documentary who is hired by a company to make it.
It refers to the IP of that documentary, with the director signing away their rights. However, what’s unclear is what happens if the director then wants to make a new film, similar film, with the same cast and subject matter but for a different platform and called something different…
I’m also waiting for clarification on what contract the cast themselves signed with the company at the time.
It seems like the wording of the contract is hinting at any IP arising from the film, any new versions. Guess in that situation it becomes a case of defining what consititutes a new work, and what is indeed, a reversion or extension…
Expert:  Ed Turner replied 12 days ago.

Yes, I think any reworkings for the documentary will be protected as well.