An overview of copyright

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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.

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  • http://www.nesta.org.uk/library/documents/Innovation_Indexv2012.pdf
  • An overview of copyright

    1. 1. Intellectual PropertyAn overview of CopyrightAndrew ReithBusiness Outreach & Education
    2. 2. Business investment has changed- in UK as elsewhereIPFixed Capital£ billionSource EU COINVEST and Haskel et al
    3. 3. IP Baseline Survey96% of UK businesses do not know the value of theirIntellectual Property RightsOnly 11% of UK businesses know that disclosure of aninvention before filing will invalidate a patent74% of UK businesses could not correctly identify the ownerof copyright when using a subcontractorOnly 4% of UK businesses have an Intellectual Propertypolicy
    4. 4. What is intellectual property?IntellectualPropertyPatentsTrademarksRegistereddesignsCopyrightConfidentialityTradeSecretsPlantVarieties
    5. 5. True or FalseIf it doesn’t have a copyright notice, it’s not protectedI can copy 10% without it being an infringementIf I acknowledge the original work, I can use itI have bought the book/painting/photograph so I can useit as I wish
    6. 6. CopyrightCriteria for Protection1. For copyright to subsist the work must be recorded ina material form2. The work must be “original” – not copied – sufficientlabour, skill and effort3. Sufficiently connected to qualify under UK law –authorship, publication, place of transmission.4. Not excluded on public policy, moral grounds –obscene, blasphemous, libellous etc
    7. 7. 1.Literary Works – All works expressed in print or writing2.Dramatic Works – A work capable of being performed3.Musical Works – includes melody, harmony and rhythm4.Artistic Works – A work of artistic craftsmanship (not quality)Copyright5.Films – Moving images produced by any means6.Sound Recordings – From which sounds can be reproduced8.Published Editions – typographical arrangements7.Broadcasts – transmission of visual images, sounds or other
    8. 8. What Copyright protectsBooks, technical reports, manuals, databasesEngineering, technical or architectural plansPaintings, sculptures, photographsMusic, songs, plays, dramatic worksPromotional literature, advertisingFilms, videos, cable or radio broadcastsWebsites & Computer software
    9. 9. How long does Copyright last?Literary, musical, artistic & dramatic works:author‟s lifetime plus 70 yearsSound recordings, TV & radio broadcasts &cable programmes: 50 years from first broadcastPublishers‟ right (typographical layout etc.):25 yearsFilms: 70 years after the death of the last of:director, composer of the score, the author ofthe screenplay and the scriptwriter
    10. 10. Baker Street• Estimated £80,000 per year inroyalties since 1978• Copyright expires 31 Dec 2081• Saxaphone riff played by• Bob Holness• Raphael Ravenscroft• One off fee £27
    11. 11. Moral RightsEven if the creator sells their rights,they have „moral rights‟ over howtheir work is used.Moral rights protect non-economic interests.Available for literary, dramatic, musical, artisticworks and film.
    12. 12. Who owns Copyright?The employer will own the copyright of a workif an employee produces it in theordinary course of their employmentHowever, a contractor, a consultant or otherthird parties will retain ownershipunless their contract is explicit to the contrary
    13. 13. Who owns copyright?Taken by the prince‟sexecutive chef, Carolyn Robbwearing their „new set oftweeds‟.Settlement later reached withRobb involving a four figurefee for the use of thephotograph and use by theRoyal Mail.
    14. 14. If there is more than one author?Where two or more people have created a single work and thecontribution of each author is not distinct from the other orothersA computer programme may have been created by a team – allthose may be joint owners and as such may be joint owners.This means all creators would need to agree before someoneasking to use that work could do so.
    15. 15. Primary InfringementAny of the following without theconsent of the rights ownerCopying / Reproducing AdaptationDistributing Issuing or rentingPublic performance BroadcastingIGNORANCE IS NO DEFENCE
    16. 16. Secondary InfringementAny of the following without theconsent of the rights ownerSelling ImportingPossession for business purposesFacilitating primary infringementOnly guilty if done knowingly,or if you ought to have known
    17. 17. Exceptions - permitted actsThe following are allowable even when theytechnically breach Copyright: “Fair Dealing”Private study ResearchNews reporting Public InterestCriticism / reviews Some official reportsEducation, libraries Video/DVD „time-shifting‟
    18. 18. Copyright for BusinessMark work with the international copyright symbol©Electronic fingerprintsLook at licensing and assignment opportunitiesRegularly review contracts (business and employees)Record the work in some way
    19. 19. Top Dead Earners 20122. 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 - $8mSource Forbes.com1. Elizabeth Taylor - $210m
    20. 20. IP HealthcheckFree online diagnosisPatents, Trade marks,Designs & CopyrightInternational Trade marksLicensing and exploitingyour IPConfidential Information8 On line IP Healthchecks
    21. 21. www.ipo.gov.uk - 0300 300 2000
    22. 22. Thank youAndrew Reithandrew.reith@ipo.gov.uk

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