IPR Issues and Web2.0 Engagement

Naomi Korn &

Dr Charlotte Waelde

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About Us• Our remit: to develop IPR related resources and

guidance to support JISC funded projects and programme managers in the users and innovations programme in their engagement with Web2.0

• Our aim: To make the information relevant to you and to your project, by making it practical, pragmatic and timely

• Our team: Naomi Korn, Dr Charlotte Waelde, Professor Charles Oppenheim, Dr Neil Witt, Emanuella Giavarra, Derek Stephens

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Some key facts• Your projects will be:

– Developing new content and technology – Deploying/ adapting pre-existing content and technology

• Intellectual Property Rights (IPR) will be a key issue underpinning multiple aspects of your project

• IPR protect creations of the mind• IPR behave just like property• Digital IPR is no different from print - its just easier to

infringe• IPR = respect, inspiring innovation & exploring

opportunities

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Web2.0 engagement and IPR…• Lack of clarity about ownership in collaborations• Difficulties in enforcing any infringements that

might occur• Users of Web 2.0 services believing that

copyright is irrelevant • Misunderstanding about open source licences • Risks that large corporations exploit rights in

Web2.0• Multiple layers of rights

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Web2.0 engagement and IPR…• Great number of stakeholders at various levels• Gaining permissions from third parties• Need for moderation of applications using Web

2.0 to ensure that third party IPRs are not infringed.

• Need for appropriate terms and conditions to ensure that IPR problems (and other legal issues) do not arise

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IPR Family…

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Consists of rights granted automatically, and monopoly rights

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About IPR..• Copyright – automatic right protecting creative works• Patents* – registration required for innovative ideas• Trademarks* – registration required for signs/symbols

distinguishing specific product or service• Registered Designs* – registration protecting specific

designs• Databases - collection of independent works, data and

other material arranged in a systematic/methodical way or accessible by electronic or other means

* MONOPOLY RIGHTS can be infringed inadvertently!

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Role of licences I….• Licences are the mechanisms to facilitate transactions

• This means:– The rights third parties grant you (rights in)

– The rights you grant to third parties (rights out)

• Many different types of licences

• Licences are a form of contract

• Contract law over-rides copyright law!

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Role of licences II….

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What does this mean for you..• Potentially many layers of rights • Permissions need to be sought and rights cleared• You are subject to JISC’s t&c’s:

– You own the rights in your project deliverables– You ensure that all rights are cleared– Content delivered under Open Access principles– Software delivered under Open Source principles

• You will be:• Developers of content and technology = Owners of your own IP• Deploying/ adapting others content & technology = Users of third

party IP

• If you get your rights sorted, possibilities of future sustainability opportunities can be explored!

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Getting started……. Answers to the questions below will form the basis from which you could go

on to map copyright on to your activities. Now tell us how you think about your project.

The Technology• Am I developing a new technology?• Am I developing an existing technology?• Am I deploying an existing technology?

The Content• Which team members are involved in developing content (and technologies)• Am I using content generated by a third party not a member of the team?

Technology and Content• How do I want my technology and content to be made available to users

(over the short and longer term)?

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What else …

– What do you need from us?– What sort of training materials could we be

developing?– What type of format would you find

training useful?– Who might the training be for?

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Find out more…

• www.web2rights.org.uk

• Join us on Facebook www.facebook.com

• Focus Group meeting: 3rd April 2008 tbc

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