DIGITAL PUBLISHERS’ GUIDE TO INTELLECTUAL PROPERTY

                Simon Rowell, Partner
Digital Publishers’ Guide to IP



• Protecting your brand

• Understanding copyright

• Securing ownership of copyright i...
A. Protecting your brand
Common law v registered trade marks

Conduct a search prior to use – territory?

Pick a distinctive mark

File trade mark ...
B. Understanding copyright
Works protected by copyright

 o   Literary (includes software and compilations),
     musical and artistic works
 o   Sou...
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 program...
Exclusive rights of copyright owner
    o   To copy or issue copies

    o   To perform, play or show the work in public

...
Exceptions to the owner’s exclusive rights

 • Fair dealing

 • Education

 • Libraries and archives

 • Format shifting

...
Duration of copyright
 • Literary, artistic, dramatic and musical works: 50 years
   after death of author;

 • Sound reco...
Infringement of copyright
 • Takes a substantial part

     • Importance of the part taken

 • Is objectively similar

   ...
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 il...
Securing ownership of copyright

 • Works contributed by members of the public

      • Important to include terms of subm...
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-l...
Publishing licence
 • Identification of work(s)

 • Rights licensed – book, audio book, digital book, TV
   and film right...
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]
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Simon Rowell

  1. 1. DIGITAL PUBLISHERS’ GUIDE TO INTELLECTUAL PROPERTY Simon Rowell, Partner
  2. 2. 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
  3. 3. A. Protecting your brand
  4. 4. 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?
  5. 5. B. Understanding copyright
  6. 6. 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
  7. 7. Works protected by copyright Note, a digital work may comprise one or all of the foregoing works
  8. 8. 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
  9. 9. 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
  10. 10. Exceptions to the owner’s exclusive rights • Fair dealing • Education • Libraries and archives • Format shifting • Internet service provider liability
  11. 11. 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
  12. 12. 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
  13. 13. Idea v Expression of Idea
  14. 14. C. Securing ownership of copyright [Image used on www.spicyindia.blogspot.com (4 Dec 2007)]
  15. 15. Securing ownership of copyright • Copyright automatically exists • Employee authors • Commissioned works – text v illustrations • Assignments • Marking with © symbol recommended • Retaining drafts recommended
  16. 16. 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.
  17. 17. D. Licensing copyright in digital works
  18. 18. 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
  19. 19. Publishing licence • Identification of work(s) • Rights licensed – book, audio book, digital book, TV and film rights, merchandise rights, etc • Duration • Territory • Royalties • Sublicensing
  20. 20. E. Confidential Information
  21. 21. • Exists by contract or by circumstance • Submission or receipt of project ideas • Employees
  22. 22. F. Patents
  23. 23. • Territorial • Patentable subject matter varies • Novelty • Inventive
  24. 24. C. Questions? [Image released to the public domain - http://commons.wikimedia.org]
  25. 25. C
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