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Trade marks and copyright

11 November 2010
Issue: 7441 / Categories: Case law , Law reports
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Crosstown Music Co 1 LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222, [2010] All ER (D) 20 (Nov)

The Copyright, Designs and Patents Act 1988 did not limit valid legal assignments of copyright to absolute assignments.

Where the requirements of s 90(2) and (3) were met, then there would be an effective legal assignment of copyright. It was not right to read into those subsections some further unstated limitations which might or might not affect the transmission of other property at common law.

Where one had a written assignment expressed in language which satisfied the test for certainty in the general law of contract, that would meet the requirements of s 90(2)(a). Where the written assignment was expressed in language which satisfied the test for certainty in the general law of contract, that would meet the requirements of s 90(2)(b) and it was neither necessary nor appropriate to read into that section any further requirement. Section 90 expressly permitted assignments to be for part of the period of copyright.

Neither the common law rules of personal property nor the Law of

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