For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Friday, 1 August 2003

CUBAN COPYRIGHT LAW INAPPLICABLE IN UNITED KINGDOM

Last Wednesday the Court of Appeal affirmed December 2002 decision of Neuberger J in Peer International v Termidor [2003] ECDR 221. In that decision the judge refused to give legal effect in the United Kingdom to a Cuban law which purported to invalidate an earlier copyright assignment made by two Cuban composers, Ignacio Pineiro and Antonio Fernandez (a.k.a Nico Saquito), to Peer International, a Los Angeles-based publishing house. After that law was passed in Cuba, the copyright was vested in a state entity which purported to grant an exclusive licence to the defendants, a German company.

The Court could see no public policy grounds for allowing the application of a law which was in effect confiscatory, retrospectively depriving assignors of their intellectual property rights without compensation. This was one decision that was never going to go the other way, either at first instance or on appeal.

Listen to the music of Ignacio Pineiro and Nico Saquito
Dance the salsa here
Facts about Cuba here




No comments:

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':