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Intellectual Property Law

Intellectual Property Law (6th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 30 March 2023

p. 37013. Rights Associated with Copyrightlocked

p. 37013. Rights Associated with Copyrightlocked

  • L. Bently,
  • B. Sherman,
  • D. Gangjee
  •  and P. Johnson


This chapter deals with regimes that are related to, but fall outside of, the remit of copyright law: performers’ rights in their performances (recognized internationally and often designated as a ‘neighbouring right’ or, in the EU, a ‘related right’); database right, sometimes referred to as the sui generis database right; public lending right (that is, an author’s right to claim remuneration from a public fund, the remuneration being calculated by reference to the frequency with which a given author’s book is loaned by public libraries); rights relating to technological protection measures (‘TPMs’); rights management information (which, along with TPMs, are sometimes designated ‘para-copyright’); and the so-called droit de suite (artist’s resale royalty right, that is, the right to claim a proportion of the sale price when an artwork is publicly resold). The chapter discusses each regime in turn, considering relevant factors such as the subsistence, types of rights available, duration, infringement, exceptions, defences, and remedies.

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