Words and phrases from the legal and entertainment industries which occasionally pop up in my posts.
Copyright or ©. A form of intellectual property right which allows someone to copy, sell, or otherwise “own” a literary, dramatic, musical or artistic work. In the UK, this right arises automatically.
Data Protection or Data Privacy. The study and practice of how personal information is stored, shared, and protected on computer systems.
Defamation. A defamatory statement is one which adversely affects another person’s reputation. The legal test is that it “tends to lower the claimant in the estimation of right-thinking members of society generally.” In the UK, this is governed by the Defamation Act 2013.
GDPR. The General Data Protection Regulation (Regulation (EU) 2016/679) is an incoming law which will strengthen and unify data protection for all individuals within the European Union.
Image Rights. Also known as “Publicity Rights” in the USA and “Personality Rights” in Europe, Image Rights are the rights an individual to control any commercial use of his or her image, name, likeness, or some other identifying aspect of identitiy.
Intellectual Property Rights or IPRs. Intellectual Property is something unique (and often artistic) which someone creates. Copyright, patents, designs and trade marks are all types of Intellectual Property Rights.
Law of England and Wales. The United Kingdom does not have a single legal system, because the UK was created by the political union of previously independent countries. Accordingly, there are three distinct legal jurisdictions in the UK: England and Wales, Northern Ireland, and Scotland. I practice the law of England and Wales, but sometimes use “UK,” “English,” and “British” interchangeably in my posts.
Libel. Defamation may be “libel” or “slander.” Libel concerns defamatory statements which are published in a “lasting” forms such as print, online or broadcasting.
Online intermediary liability. Online intermediaries are companies which provide the infrastructure and data storage to facilitate transactions over the internet, and include search engines, web hosts, and internet access and service providers. Online intermediary liability is a concept whereby such companies are held liable for the copyright infringement or other illegal actions carried out by users using their services.
Personal Data. Any piece of information you can use to identify a natural person. Under the GDPR, this includes IP addresses, emails, usernames, and location indicators.
Slander. Defamation may be “libel” or “slander.” Slander concerns defamation in transient forms such as spoken words or gestures.
Trainee Solicitor. After completing law school, lawyers in the UK, Australia, and other English common law jurisdictions must complete two years of training at a law firm. During this time they are known as “trainee solicitors.”
Underlying Work or Underlying Material. A script is always an original creation to which intellectual property rights are attached. However, if the script is not an original story itself but is an adaptation of an existing creation, other IPRs are involved. These other creations are generally referred to as the underlying work or underlying material.