Intellectual Property Stuff NSANZ March 2009 Jennie Vickers from Jennie Vickers the Myth-buster
LAW THINK TALK The Herd LEARN
Myths 7 Now its mine It’s mine I paid for it I can get it so I can use it I paid for the CD Zeopard is mine It’s my idea, ...
Myth 1 It’s not copyright infringement if you  change  10 / 20 / 30% Mine Now it’s
Quality not quantity that counts It’s Substantial  part of original owner’s work
 
Let’s get Creative <ul><li>photos - buy or get snapping </li></ul><ul><li>music - buy (unless you got skill) </li></ul><ul...
 
Let’s get Creative <ul><li>photos - get snapping </li></ul><ul><li>music - buy (unless you got skill) </li></ul><ul><li>wr...
Myth 2 Creators  own their works I  paid  for   it It’s mine
But  when made under Employment What’s mine is mine What’s yours is  mine
or  Commissioned make sure the contract says so What’s yours is  mine
Let’s get Creative <ul><li>Beware if employee </li></ul><ul><li>Written agreement </li></ul>Myth 2
Myth 3 so I can use it I can get it It’s ok if I download it from the net
Accessible does not equal useable
Let’s get Creative <ul><li>photos - get snapping </li></ul><ul><li>music - buy (unless you got skill) </li></ul><ul><li>wr...
Myth 4 I bought the CD so I can use the music how I like for the  CD I paid
does not equal buying the right to play it in public buying a cd...
Two  aspects: APRA / PPNZ <ul><li>composer(s) of song-lyrics and tune </li></ul><ul><li>owner of the recording </li></ul>
Let’s get Creative <ul><li>get royalty free music </li></ul><ul><li>get things written or played for you </li></ul><ul><li...
Myth 5 I own a trademark so I can stop everyone is mine Zeopard
45 classes 10 year protection Trademark
Let’s get Creative <ul><li>register .com first </li></ul><ul><li>register trademark </li></ul><ul><li>Possible classes - 3...
Myth 6 I came up with the idea, so no one else can use it It’s my idea hands off
Myth 6 There is no copyright in an idea - only the expression of an idea It’s my idea hands off What’s the difference?
Let’s get Creative <ul><li>Constant evolution </li></ul><ul><li>Yes and, yes but...  </li></ul><ul><li>Unique encapsulatio...
Myth 7 Acknowledgement does not give user rights I said  thanks Yes and, yes but...
Let’s get Creative <ul><li>Creative commons </li></ul><ul><li>Get respectful </li></ul>Myth 7
Creative Commons
Andrew Magill
What the... Web 2.0
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7 Myths of Intellectual Property

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Jennie Vickers of Zeopard Law delivered this presentation at a conference of business people and professionals, to help them take control of the legal stuff that can kill their business.

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  • Thank you. Hi The theme of this Presentation is IP myth busting. So let me open tonight by asking you a few questions.... but before I do, lets establish that I’ m here to share 1 key message with you which is that its time to take control of the legal stuff that could kill your business and you’ll hear me deliver this message many times in many ways during this address and so if there’s one thing to take away and remember... its time .... Now back to those questions. 1. Are you struggling to understand what you are allowed to do? well ITTTTC 2. Are you juggling and conflicted between getting your ideas out and keeping them a secret and feel like you’re missing the boat? maybe ITTTTC 3. Do you find that keeping up with the law is overwhelming ? then maybe ITTTTC So you’re probably saying to yourself is this going to be another incomprehensible law lecture from a boring lawyer? Well youre in luck, I’m an unusual some people say odd lawyer and I’ve had to learn how to apply this law not only as a lawyer but also practically as a practising speaker and trainer and business person. So tonight I want to pass on to you in the time available some key pointers and to bust some myths which may impact you as an IP generator and user and if you are still wondering exactly what Intellectual property is well, it i catches rights that arise from intellectual activity in the industrial, scientific, literary and artistic fields NEXT SLIDE
  • For those of you who dont know me I run multiple businesses Think Law Talk Learn NEXT SLIDE
  • Introduce the 7 myths... Note there are many more but picked out some key ones for tonight The most important point to hang onto is that copyright is not about the protection of an idea but the expression of an idea. This may seem odd or missing the point but like many bits of law it had a historical commercial driver that shaped history. The invention by Caxton of the printing press in 1476 brought pressure from booksellers and publishers which led to the granting of rights to make copies!
  • There are a number of myths around this one with people suggesting rules of thumb of 10% 20% 30% trouble is these are really unhelpful because it is not about a percentage...
  • Infringement can occur through the copying of a “substantial part” of a work.
  • Shepard Fairey produced the painting but the original photo came from AP Press
  • michael we need the web 2 collage picture in here intro to web2 and social networking etc range reading book rappers
  • 7 Myths of Intellectual Property

    1. 1. Intellectual Property Stuff NSANZ March 2009 Jennie Vickers from Jennie Vickers the Myth-buster
    2. 2. LAW THINK TALK The Herd LEARN
    3. 3. Myths 7 Now its mine It’s mine I paid for it I can get it so I can use it I paid for the CD Zeopard is mine It’s my idea, hands off I said thanks
    4. 4. Myth 1 It’s not copyright infringement if you change 10 / 20 / 30% Mine Now it’s
    5. 5. Quality not quantity that counts It’s Substantial part of original owner’s work
    6. 7. Let’s get Creative <ul><li>photos - buy or get snapping </li></ul><ul><li>music - buy (unless you got skill) </li></ul><ul><li>written word - create own expression </li></ul>Myth 1
    7. 9. Let’s get Creative <ul><li>photos - get snapping </li></ul><ul><li>music - buy (unless you got skill) </li></ul><ul><li>written word - yes and, yes but... </li></ul>Myth 1
    8. 10. Myth 2 Creators own their works I paid for it It’s mine
    9. 11. But when made under Employment What’s mine is mine What’s yours is mine
    10. 12. or Commissioned make sure the contract says so What’s yours is mine
    11. 13. Let’s get Creative <ul><li>Beware if employee </li></ul><ul><li>Written agreement </li></ul>Myth 2
    12. 14. Myth 3 so I can use it I can get it It’s ok if I download it from the net
    13. 15. Accessible does not equal useable
    14. 16. Let’s get Creative <ul><li>photos - get snapping </li></ul><ul><li>music - buy (unless you got skill) </li></ul><ul><li>written word - yes and, yes but... </li></ul>Myth 3 <ul><li>Creative Comms / royalty free </li></ul>
    15. 17. Myth 4 I bought the CD so I can use the music how I like for the CD I paid
    16. 18. does not equal buying the right to play it in public buying a cd...
    17. 19. Two aspects: APRA / PPNZ <ul><li>composer(s) of song-lyrics and tune </li></ul><ul><li>owner of the recording </li></ul>
    18. 20. Let’s get Creative <ul><li>get royalty free music </li></ul><ul><li>get things written or played for you </li></ul><ul><li>Creative Commons </li></ul>Myth 4 www.castlemusic.co.nz www.istock.com
    19. 21. Myth 5 I own a trademark so I can stop everyone is mine Zeopard
    20. 22. 45 classes 10 year protection Trademark
    21. 23. Let’s get Creative <ul><li>register .com first </li></ul><ul><li>register trademark </li></ul><ul><li>Possible classes - 35, 41 ? </li></ul>Myth 5 <ul><li>Use it or lose it </li></ul>
    22. 24. Myth 6 I came up with the idea, so no one else can use it It’s my idea hands off
    23. 25. Myth 6 There is no copyright in an idea - only the expression of an idea It’s my idea hands off What’s the difference?
    24. 26. Let’s get Creative <ul><li>Constant evolution </li></ul><ul><li>Yes and, yes but... </li></ul><ul><li>Unique encapsulation </li></ul>Myth 6
    25. 27. Myth 7 Acknowledgement does not give user rights I said thanks Yes and, yes but...
    26. 28. Let’s get Creative <ul><li>Creative commons </li></ul><ul><li>Get respectful </li></ul>Myth 7
    27. 29. Creative Commons
    28. 30. Andrew Magill
    29. 31. What the... Web 2.0

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