
This specialist department is headed by partner Mr. Greg Evans.
Mr. Evans has long associations with the entertainment industry,
not only in his capacity as a solicitor but also in his capacity
as a musician. A long-standing member of the musician's union he
has been actively involved in diverse musical activities for many
years. This has led to Sinclairs undertaking legal work for people
and organisations in many different areas of the entertainment business.
Clients have been advised in relation to music industry contracts
including recording agreements, management agreements and publishing
agreements. Clients also seek advice in relation to copyright matters
which are governed in the UK by the Copyright Designs and Patents
Act 1988 which came into force on the 1st August 1989. Section 1
paragraph 1 of the CDPA states that copyright can subsist in: -
- Original literacy, musical or artistic works.
- Sound recordings, films, broadcasts, cable programmes.
Thus any work falling within this section will attract copyright
protection. Sinclairs has advised artists and writers in matters
relating to copyright infringement.
For every compact disc you own there are numerous intellectual property
rights associated with it. The performance with have performance
rights, the composers of the words and music will have moral rights,
the words and music of the songs will have their own separate copyrights,
the art work on the CD cover will have copyright and so on. The
entertainment industry is huge and varied. It is a multi- million
pound industry but there are many pitfalls for the unwary and many
have been exploited and have lost out. It is nearly always worth
taking professional advice at an early stage and certainly before
entering into any legal agreement. Sinclairs are always pleased
to assist in relation to all aspects of the entertainment business.
In matters of particular complexity Sinclairs have access to a large
body of expertise including specialist Counsel.
The need for premises to be licensed for public entertainment can
raise all kinds of questions as to the granting, withholding and
revocation of licences, procedure and the conditions upon which
licences may be granted. Whilst local authorities have responsibility
for the licensing of entertainment the Police and fire authorities
also have powers in relation to licenses already issued.
All this is quite separate from the administration of liquor licensing
laws which regulate the sale and consumption of alcohol from a licensed
premises. These matters are decided by local licensing justices
sitting at sessions especially convened for the purpose.
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