an overview of copyright
DESCRIPTION
Presentation given by Andrew Reith, Business Events Manager at the Intellectual Property Office (IPO), at the CLIC staff development event 'An introduction to copyright', held at Cardiff Central Library on 14 March 2013.TRANSCRIPT
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
Open Access policies: An Overview. The OpenDOAR Policy Tool. Copyright management. - Shorten version
Chapter 1 Integrated Marketing Communications: An Overview Copyright © 2008 Pearson Education Canada