Abstract

H1 Copyright – Musical works – Beatles’ songs performed by them in concert – Incorporation of concert video in documentary – Synchronisation rights – Whether contract to grant licence – Negotiations “subject to contract” – Whether concluded contract – Whether waiver of “subject to contract” – Proprietory estoppel – US copyrights – US copyright law – Whether ‘fair use’ – Whether use ‘transformative’ – Whether use excessive – Whether use likely to affect potential market for or value of works

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