Own-It IP Presentation by Alex Shiel, Ward Hadaway.

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Alex Shiel, Ward Hadaway, www.wardhadaway.com. An Intellectual Property masterclass on behalf of own-it.org at the AmbITion Roadshows, England 2009.

Alex Shiel, Ward Hadaway, www.wardhadaway.com. An Intellectual Property masterclass on behalf of own-it.org at the AmbITion Roadshows, England 2009.

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  • 1. Arts Organisations in the Digital Age Legal Issues relating to use of digital content by creative and arts organisations Alex Shiel Partner Thursday 5th May 2009
  • 2. Introduction to Intellectual Property • What is it – Patents – inventions/how it works – Trade marks - brands – Designs – eye appeal – Copyright – creative content – Know how/confidential information • What about: – Domain names? – Personal data? – Databases?
  • 3. Copyright • Definition: “Copyright is a property right which subsists….in the following descriptions of work: a) original literary, dramatic, musical or artistic works; b) sound recordings, films or broadcasts; and c) the typographical arrangements of published editions.”
  • 4. Copyright • The Author – means the person who creates the work – In the case of a sound recording is the producer – In the case of a film is the producer and the principal director – In the case of a broadcast is the person making the broadcast
  • 5. Duration of copyright • Generally 70 years from end of calendar year in which author dies • Sound recordings – 50 years from end of calendar year in which recording made • Film – 70 years from end of calendar year in which death occurs of last to die of principal director, author of screenplay, author of dialogue or composer of specially created music • Broadcast – 50 years from end of calendar year in which broadcast made
  • 6. What intellectual property protects digital content? • Literary work includes a computer programme • How do you classify a multi-media product? • The law is the same whatever format is used to distribute the content • Changes in technology allow distribution of digital content in new formats and through new channels that the law never previously thought of
  • 7. Rights of copyright owner • The owner of copyright has the exclusive right to: – Copy the work (including by electronic means) – Issue copies to the public – Rent or lend the work – Perform, show or play the work in public – Communicate the work to the public (by broadcast or electronic transmission) – Make adaptations of the work
  • 8. Other rights – Rights in performances • A dramatic performance, musical performance, reading, recitation or performance of a variety act or similar • Consent of performer required to – record or broadcast a live performance – copy a recording of a performance – issue copies of a performance to the public – rent or lend copies of recordings of the performance • Etc
  • 9. Other rights – moral rights • The author/director/commissioner of a work has the right to: a) be identified as the author/director; b) object to derogatory treatment of the work; c) privacy in certain photographs and films. • Performers have similar moral rights
  • 10. Permitted Acts • Research and private study • Criticism, review and news reporting • Incidental inclusion • Educational purposes
  • 11. The opportunity for Arts Organisations • Wider distribution of content generated by activities in order to reach a wider audience, increase interactive involvement and generate revenue • Use of distribution channels such as: – Website – Downloads – Podcasts – “Viral” transmissions – YouTube etc – Streaming – User generated content, including blogs – CDs/DVDs
  • 12. What Examples are there in your Organisation and what issues have arisen?
  • 13. Contractual issues and rights management for digital distribution of creative content • Ownership of the content – not as easy as it sounds • Obtaining consents from relevant copyright owners, authors and performers • Licence to use content – what limitations on use exist? • Terms and conditions of use of content by visitors, customers, website users etc • Generating revenue • Data Protection responsibility
  • 14. Defamation, libel, obscenity and other nasties • Defamation – Calculated to injure the reputation of another person or be disparaging or injurious • Libel – in writing or other permanent form • Defences • Fair comment • Justification • Privilege
  • 15. • Obscenity – An article is obscene if its effect is…..such as to deprave or corrupt persons who are likely to see, read or see or hear [it] • Racial hatred • Religious hatred • Sex discrimination
  • 16. Liability for Digital Content • Use of disclaimers • Monitoring of content • Disclaimers – do they work? • Using acceptable use policies and terms and conditions • Notice-and-take-down procedures
  • 17. IP Protection and the Internet • Background – rapid change in technology used to produce content • Ease of reproduction and duplication • Quality and size of content files • Internet and file sharing • Pirates/illegal downloads/casual copying
  • 18. Take Control • Use of copyright protection • Digital rights management technology (encryption, watermarking, fingerprinting) • Using new delivery technologies • Making business partners • The brand • User friendly products • House keeping/confidentiality/security • (c) Notices
  • 19. Questions Alex Shiel Ward Hadaway 102 Quayside Newcastle upon Tyne NE1 3DX Tel: 0191 204 4296 Fax: 0191 204 4265 Email: alex.shiel@wardhadaway.com www.wardhadaway.com