an overview of copyright

Intellectual PropertyAn overview of Copyright

Andrew Reith

Business Outreach & Education

Business investment has changed- in UK as elsewhere

IP

Fixed Capital

£ billion

Source EU COINVEST and Haskel et al

IP Baseline Survey

96% of UK businesses do not know the value of their Intellectual Property Rights

Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent

74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor

Only 4% of UK businesses have an Intellectual Property policy

What is intellectual property?

Intellectual Property

Patents

Trade

marks

Registered designs

CopyrightConfidentiality

Trade Secrets

Plant Varieties

True or False

If it doesn’t have a copyright notice, it’s not protected

I can copy 10% without it being an infringement

If I acknowledge the original work, I can use it

I have bought the book/painting/photograph so I can use it as I wish

False

False

False

False

CopyrightCriteria for Protection

1. For copyright to subsist the work must be recorded in a material form

2. The work must be “original” – not copied – sufficient labour, skill and effort

3. Sufficiently connected to qualify under UK law – authorship, publication, place of transmission.

4. Not excluded on public policy, moral grounds – obscene, blasphemous, libellous etc

1.Literary Works – All works expressed in print or writing

2.Dramatic Works – A work capable of being performed

3.Musical Works – includes melody, harmony and rhythm

4.Artistic Works – A work of artistic craftsmanship (not quality)

Copyright

5.Films – Moving images produced by any means

6.Sound Recordings – From which sounds can be reproduced

8.Published Editions – typographical arrangements

7.Broadcasts – transmission of visual images, sounds or other

What Copyright protectsBooks, technical reports, manuals, databases

Engineering, technical or architectural plans

Paintings, sculptures, photographs

Music, songs, plays, dramatic works

Promotional literature, advertising

Films, videos, cable or radio broadcasts

Websites & Computer software

How long does Copyright last?

Literary, musical, artistic & dramatic works:author’s lifetime plus 70 years

Sound recordings, TV & radio broadcasts &cable programmes: 50 years from first broadcast

Publishers’ right (typographical layout etc.):25 years

Films: 70 years after the death of the last of:director, composer of the score, the author of

the screenplay and the scriptwriter

Baker Street

• Estimated £80,000 per year in royalties since 1978

• Copyright expires 31 Dec 2081

• Saxaphone riff played by

• Bob Holness

• Raphael Ravenscroft

• One off fee £27

Moral Rights

Even if the creator sells their rights, they have ‘moral rights’ over how

their work is used.

Moral rights protect non-economic interests.

Available for literary, dramatic, musical, artistic works and film.

Who owns Copyright?

The employer will own the copyright of a workif an employee produces it in the

ordinary course of their employment

However, a contractor, a consultant or other third parties will retain ownership

unless their contract is explicit to the contrary

Who owns copyright?

Taken by the prince’s executive chef, Carolyn Robb wearing their ‘new set of tweeds’.

Settlement later reached with Robb involving a four figure fee for the use of the photograph and use by the Royal Mail.

If there is more than one author?

Where two or more people have created a single work and the contribution of each author is not distinct from the other or

others

A computer programme may have been created by a team – all those may be joint owners and as such may be joint owners. This means all creators would need to agree before someone

asking to use that work could do so.

Primary Infringement

Any of the following without the consent of the rights owner

Copying / Reproducing Adaptation

Distributing Issuing or renting

Public performance Broadcasting

IGNORANCE IS NO DEFENCE

Secondary Infringement

Any of the following without the consent of the rights owner

Selling Importing

Possession for business purposes

Facilitating primary infringement

Only guilty if done knowingly, or if you ought to have known

Exceptions - permitted acts

The following are allowable even when theytechnically breach Copyright: “Fair Dealing”

Private study Research

News reporting Public Interest

Criticism / reviews Some official reports

Education, libraries Video/DVD ‘time-shifting’

Copyright for Business

Mark work with the international copyright symbol

©

Electronic fingerprints

Look at licensing and assignment opportunities

Regularly review contracts (business and employees)

Record the work in some way

Top Dead Earners 2012

2. Michael Jackson – $145m3. Elvis Presley- $55m4. Charles Shultz - $37m5. Bob Marley - $17m6. John Lennon - $12m7. Marilyn Monroe - $10m7. Albert Einstein - $10m9. Theodor Geisel - $9m10. Steve McQueen - $8m

Source Forbes.com

1. Elizabeth Taylor - $210m

IP Healthcheck

Free online diagnosis

Patents, Trade marks, Designs & Copyright

International Trade marks

Licensing and exploiting your IP

Confidential Information

8 On line IP Healthchecks

www.ipo.gov.uk - 0300 300 2000

Thank you

Andrew Reith

andrew.reith@ipo.gov.uk