web 2.0, ipr and you naomi korn & dr neil witt 02/06/20151

Web 2.0, IPR and You

Naomi Korn

&

Dr Neil Witt

18/04/23 1www.web2rights.org.uk

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 Web2.0www.web2rights.org.uk

• 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, Rob Stillwell

www.web2rights.org.uk18/04/23 2

Some key facts• Most emerging technologies will involve:

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

• Intellectual Property Rights (IPR)• Protect creations of the mind• Reward human innovation, inventions and creativity• Are pretty extensive• Behave just like property• Relate to analogue and digital stuff• Easier to infringe in an electronic environment• Comprise of automatic rights and monopoly rights• Licences are tools to facilitate IP transactions• Many different types of licences (transactional, open, blanket etc)


IPR Family…

www.web2rights.org.uk

Consists of rights granted automatically, and monopoly rights

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The problems….• Multiple layers of rights = Multiple rights holders = multiple rights to

infringe/permission to be sought• 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 (trademarks; patents etc)• Lack of clarity about ownership in collaborations• Many rights holders unknown or cannot be traced• Users of your project deliverables may also be rights holders of stuff

they are contributing• Cultural perceptions of users• Copyright not the only rights issues• IPR not the only legal issues• Compatibility between rights in and rights out

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!


The problem…layers of rights

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And…..what can go wrong?• Infringement of copyright:

– Debatable originality in pure data – but other works will be protected– Communicating works to the public– Removal of rights management info and TPMs?– Permitting more rights than you have permission to grant– Not clearing third party content (images; user generated content etc)– Liability of Internet Service Providers

• Breach of contract:– With JISC (and other funding parties)– With each other (Consortium Agreements)– With non staff (students; freelancers etc)– With employers– With third parties with whom you have established relationships (CLA Licence etc)

• Sustainability– Not tying up rights so that enabled to use them in the future– Not protecting rights sufficiently (i.e. Database Rights that might arise)– Lack of strategy to explore commercial opportunities

Legal and non legal ramifications

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 subject to Consortium Agreements

• 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!


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)?


What do I do now?• The Web2Rights project has developed

– Resources– Case Studies– FAQs

• But where to start?

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Resources 1Basic information about the IP and Web2.0 landscape • IP and Web2.0 Factsheet • Other Legal Issues Factsheet • Contracts and Copyright• Licence Terminology Toolkit


Resources 2Practical IP tools for projects engaging with Web2.0

• Planning ahead: Copyright Strategy

• Copyright Checklist • Getting Permissions • Making Informed

Decisions: Risk Management

• Licences that You Might Use to Provide Access

• Licences You May Encounter from Third Parties

• Top Tips for Issuing Licences to Third Parties

• Top Tips for Requesting Licences from Third Parties

• Top Tips for Using Licences Supplied by Third Parties


Resources 3Template licences and model releases

• Model Terms and Conditions of Service which can be used by a Project

• Model licence for requesting permission from third parties

• Model contractual clauses for requesting permission from students

• Model contractual clauses for requesting permission from staff

• Model contractual clauses for requesting permission from freelancers

• Example consortium agreement

• Template permission email • Sample letter for requesting

permission from third parties

• User to User model licence


And there’s more.....• FAQs

• Case Studies

• Links to third party resources

• All at www.web2rights.org.uk

• How to navigate through the IP toolkit?


The morning after.....


The map


The Decision making map• Originally an internal tool• Released as an A2 wall chart

FREE ! (while stocks last)

• Links to all resources

• One route through the resources


Diagnostic tool


Copyright Graphics


Find out more…

• www.web2rights.org.uk

• Join us on Facebook www.facebook.com


web 2.0, ipr and you naomi korn & dr neil witt 02/06/20151

Documents

automatic rights

problemlayers of rights

rights issues ipr

monopoly rights licences

multiple rights holders

rights holders of stuff

rights holders unknown

multiple layers of rights