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Protecting Your Work
Online
ECCA
Thursday 2 July 2009
Silas Brown
Solicitor
BRIFFA

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Overview
• Basic IP Rights in Online Work
• Ownership of IP Rights in Online Work
• Internet Copying Issues
• Promoting your Online Work

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Your Online Work is “Digital
Content”
• Digital: “communication or computer technology consisting of
sampled data with finite discrete values, being binary data (digits)
composed of two values 0 and 1.”
• Content: “a term used in the computer and entertainment
industries to collectively describe creative works consisting of words,
pictures, music, speech or film created by authors, designers and
artists.”
• Content in digital format - creation, expression and image.

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Basic IP Rights in Online Work:
Copyright and Design Rights
• Copyright:
• Original works: literary, dramatic, musical or artistic work
• Derivative works: sound recordings, films, broadcasts and
cable programmes
• Stops copying of a substantial part
• Design Rights:
• Visual designs with novel appearance and shape
• Screen interfaces, icons and 3D graphics rendering
• Stops creation of a similar overall effect

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Basic IP Rights in Online Work:
Trade Marks and Patents
• Trade Marks:
• Graphical marks capable of distinguishing the owner
• Usually used to protect a brand but can extend to images:
games characters, artistic online brand elements etc.
• Stops use in course of trade of a identical/ similar marks for
identical similar goods/ services
• Patents:
• Inventions ideas – not so relevant

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Ownership of IP Rights in Online
Work
• Potential Owners of IPR in Digital Content
• graphic artist
• digital artist
• software programmers
• others?
• Third Parties – working with others?

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Internet Copying Issues
• Copying Prevention Methods (DRM):
• Copyright Designs and Patents Act 1988 (s. 296ZA to s.
296ZF)
• Anti-copying software and other methods
• Website - Do you have sufficient notices and
disclaimers?
• Notice of copyright ownership (© Name, Year)
• Warnings against copying and consequences
• Disclaimers of liability if site is hacked

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Promoting your Work Online
• Information Requirements
• You must identify yourself in promotional e-mails etc.
• You must give sufficient contact details for recipient to contact you
(e-mail address, mailing address etc.)
• Opt-Out
• You must make clear that the e-mail etc. is a promotional
communication
• You must also give the recipient the opportunity to opt-out of future
similar communications and explain how they can do that (click link
to remove selves from your database etc.)
• Practical Issues
• Keep your message simple, short and eye-grabbing
• Don’t forget the copying prevention methods

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Conclusions
• Know what IP you have in your online work and
protect it (DRM)
• Internet – understand protection methods so
that you can gain the most from exploiting it
• Comply with online promotion regulations

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creative lawyers for creative business
Questions?