Performing Right - Law Dictionary Search Results
Home Dictionary Name: performing rightPerforming right
Performing right, 'performing right' means the right of performing in public, broad-casting and causing to be transmitted to subscribers to a diffusion service, in all parts of the world, Performing Right Society Ltd. v. Commissioner of Income Tax, AIR 1976 SC 1973 (1974): (1976) 4 SCC 37: (1977) 1 SCR 171....
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
Infringing copy
Infringing copy, 'infringing copy' means,--(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance,if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act. [Copy right Act, 1957 (14 of 1957), s. 2(m)]...
Music
Music. For the purposes of the Copyright Act, 1911, 'copyright' includes in the case of a musical work the right to make any record, perforated roll or other contrivance by means of which the workmay be mechanically performed [s. 1(2)(d)], see Performing Right Society Ltd. v. Hammond's Bradford Brewery Co. Ltd., 1934 Ch 121 (reproduction by radio receiving set and loud-speaker); and see also s. 19 of the Act, and as to posthumous works, s. 17. Copyright is now confined to such rights as are given by statute, the common law rights being abrogated (s. 31).The (English) Musical Summary Proceedings (Copyright) Act, 1902, and the (English) Musical Copyright Act,1906, amended by the (English) Copyright Act, 1911, give additional protection to the owners of musical copyright against unauthorized sales, a defect in the Act of 1902 having been discovered in Ex parte Francis, (1903) 1 KB 275; the Act of 1906 empowers constables to arrest, without warrant, sellers of music notified to the chief o...
Cinematograph film
Cinematograph film, a 'cinematograph film' is to be taken to include the sounds embodied in a sound track which is associated with the film. S. 13 of the Copyright Act,1957 recognises 'cinemato-graph film' as a distinct and separate class of 'work' and declares that copyright shall subsist therein throughout India, Indian performing Right Society Ltd. v. Eastern India Motion Picture Association (1977) 2 SCC 820: (1977) 3 SCR 206: AIR 1977 SC 1443 (1450).Includes any apparatus for the representation of moving pictures or series of pictures. (Cinematograph Act, 1952, s. 2)Means any work of visual recording on any medium produced through a process from which a moving image maybe produced by any means and includes a sound recording accompanying such visual recording and 'cinematograph' shall be construed as including any work produced by any process analogous to cinematography including video films. [Copyright Act, 1957 (14 of 1957), s. 2 (f)]...
breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Hire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
Misconduct in office
Misconduct in office, has been defined as any unlawful behaviour by a public office in relation to the duties of his office, willful in character. Terms embraces acts which the office holder had no right to perform, acts performed improperly and failure to act in the face of an affirmative duty to act, Chairman & M.D. Bharat Petrol Corporation Ltd. v. T.K. Raju, (2006) 3 SCC 143: (2006) 2 JT 624: (2006) 2 SCALE 553: (2006) 2 Supreme 369: (2006) 2 SLT 712: (2006) 3 SCJ 30: (2006) 4 SCJD 302: (2006) 3 SRJ 515: (2006) 2 LLJ 113: (2006) 109 FLR 232: (2006) 3 SLR 220: (2006) 2 SLJ 470.Misconduct in office, means 'any unlawful behavi-our by a public officer in relation to the duties of his office, willful in character. Term embraces acts which the officer holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act, Black's Law Dictionary, 7th Edn., p. 999....
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