Simon Rowell
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Simon Rowell

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Simon Rowell Simon Rowell Presentation Transcript

  • DIGITAL PUBLISHERS’ GUIDE TO INTELLECTUAL PROPERTY Simon Rowell, Partner
  • Digital Publishers’ Guide to IP • Protecting your brand • Understanding copyright • Securing ownership of copyright in digital works • Licensing of copyright in digital works • Confidential Information
  • A. Protecting your brand
  • Common law v registered trade marks Conduct a search prior to use – territory? Pick a distinctive mark File trade mark applications o Word mark o Logo o Colours? o Book titles?
  • B. Understanding copyright
  • Works protected by copyright o Literary (includes software and compilations), musical and artistic works o Sound recordings and films o Typographical arrangements of published editions o Communication works Communication work means a transmission of sounds, visual images, or other information, or a combination of any of those, for reception by members of the public, and includes a broadcast or a cable programme
  • Works protected by copyright Note, a digital work may comprise one or all of the foregoing works
  • Originality • Sufficient independent skill, judgement and labour went into creation – Nine Network television programming schedule: Yes – NO FEAR t-shirt slogans: No • Not itself copied
  • Exclusive rights of copyright owner o To copy or issue copies o To perform, play or show the work in public o To communicate the work to the public o To adapt the work o To authorise others to do the above
  • Exceptions to the owner’s exclusive rights • Fair dealing • Education • Libraries and archives • Format shifting • Internet service provider liability
  • Duration of copyright • Literary, artistic, dramatic and musical works: 50 years after death of author; • Sound recording or film: 50 years from date made or made available to the public (whichever is longer) • Publishers’ copyright: 25 years after publication • Communication work: 50 years from first communication to public
  • Infringement of copyright • Takes a substantial part • Importance of the part taken • Is objectively similar • Assessment of overall similarities: “a copy is a copy if it looks like a copy” • There is a causal connection • Some copying has actually occurred
  • Idea v Expression of Idea
  • C. Securing ownership of copyright [Image used on www.spicyindia.blogspot.com (4 Dec 2007)]
  • Securing ownership of copyright • Copyright automatically exists • Employee authors • Commissioned works – text v illustrations • Assignments • Marking with © symbol recommended • Retaining drafts recommended
  • Securing ownership of copyright • Works contributed by members of the public • Important to include terms of submission, to clarify ownership / licence terms (eg open source, creative commons) • Wikipedia terms: To grow the commons of free knowledge and free culture, all users contributing to Wikimedia projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, as long as the use is attributed and the same freedom to re-use and re- distribute applies to any derivative works.
  • D. Licensing copyright in digital works
  • Owner’s permission to perform a restricted act • Author’s licence direct to digital publisher • Book publisher’s sub-licence to digital publisher • Digital publisher’s licence (as © owner) or sub-licence (as licensee of author) to a syndication partner, subscriber, ISP or other third party • One to many licence – GNU GPL or Creative Commons
  • Publishing licence • Identification of work(s) • Rights licensed – book, audio book, digital book, TV and film rights, merchandise rights, etc • Duration • Territory • Royalties • Sublicensing
  • E. Confidential Information
  • • Exists by contract or by circumstance • Submission or receipt of project ideas • Employees
  • F. Patents
  • • Territorial • Patentable subject matter varies • Novelty • Inventive
  • C. Questions? [Image released to the public domain - http://commons.wikimedia.org]
  • C