IPR and Projects: What you need to know Naomi Korn JISC IPR Consultant 24 th October 2008 06/06/09

Some Key Facts Most JISC Projects will involve: Developing new content and technology and/or Deploying/ adapting pre-existing content and technology You will be both users of stuff created by other people as well as generators of your own stuff You are likely to undertake JISC projects in collaboration 06/06/09

Most JISC Projects will involve:

Developing new content and technology and/or

Deploying/ adapting pre-existing content and technology

You will be both users of stuff created by other people as well as generators of your own stuff

You are likely to undertake JISC projects in collaboration

The Bottom Line USERS OF STUFF There are likely to be a whole range of content/technology/services that you will be using/accessing as part of your projects GENERATORS OF STUFF You will bring with you stuff that you have created before your project (background IPR) You will be generating project outputs (foreground IPR) 06/06/09

USERS OF STUFF

There are likely to be a whole range of content/technology/services that you will be using/accessing as part of your projects

GENERATORS OF STUFF

You will bring with you stuff that you have created before your project (background IPR)

You will be generating project outputs (foreground IPR)

Your Commitments to JISC You will be subject to JISC’s terms and conditions of funding It is likely that whilst you own the IPR in any project outputs you will be obliged to ensure that: Outputs are made freely available in perpetuity to HE/FE Content under Open Access Software under Open Source You ensure that all rights are cleared You grant a licence back to HEFCE to use outputs You deposit outputs in JORUM 06/06/09

You will be subject to JISC’s terms and conditions of funding

It is likely that whilst you own the IPR in any project outputs you will be obliged to ensure that:

Outputs are made freely available in perpetuity to HE/FE

Content under Open Access

Software under Open Source

You ensure that all rights are cleared

You grant a licence back to HEFCE to use outputs

You deposit outputs in JORUM

IPR Brain Drain Intellectual Property Rights Protect creations of the mind Reward human innovation, inventions + creativity Behave just like property…… Relate to analogue and digital stuff Easier to infringe in an electronic environment Comprise of automatic rights and monopoly rights

Intellectual Property Rights

Protect creations of the mind

Reward human innovation, inventions + creativity

Behave just like property……

Relate to analogue and digital stuff

Easier to infringe in an electronic environment

Comprise of automatic rights and monopoly rights

IPR Family… www.web2rights.org.uk Consists of rights granted automatically, and monopoly rights 06/06/09

COPY – RIGHT Exclusive right offered to creator of: - Original works (that are not copies) Works showing some kind of skill/effort Created by a qualifying person Qualifying country Given automatically – no credit needed Regardless of artistic merit! Copyright Overview

COPY – RIGHT

Exclusive right offered to creator of:

- Original works (that are not copies)

Works showing some kind of skill/effort

Created by a qualifying person

Qualifying country

Given automatically – no credit needed

Regardless of artistic merit!

Copyright does not exist in ideas Criteria for Copyright Protection Copyright only protects the material expression of an idea!

Copyright does not exist in ideas

Extent of Copyright Protection What works are protected by copyright? Artistic Films Literary Broadcasts Musical Typographic Dramatic Sound recordings

Layers of rights

Origins of Content Staff Students Contractors Freelancers Web Other sources Pre-licensed (e.g. Creative Commons) Software Open Source Proprietary

Staff

Students

Contractors

Freelancers

Web

Other sources

Pre-licensed (e.g. Creative Commons)

Software

Open Source

Proprietary

Likelihood that you will be generating/engaging with multi-media Remember that just because you own a work etc, does not mean that you own the rights Images, text, music, film, sound recordings, ethesis etc This means: Often more than one type of copyright Other types of IP Other legal issues, (Data Protection; obscenity etc etc) More than one rights holder Complexity in clearing rights Cost and time implications Applicability of fair dealing provisions (e.g. thesis and ethesis) Layers of Rights: Layers of Issues

Likelihood that you will be generating/engaging with multi-media

Remember that just because you own a work etc, does not mean that you own the rights

Images, text, music, film, sound recordings, ethesis etc

This means:

Often more than one type of copyright

Other types of IP

Other legal issues, (Data Protection; obscenity etc etc)

More than one rights holder

Complexity in clearing rights

Cost and time implications

Applicability of fair dealing provisions (e.g. thesis and ethesis)

A Mosaic of Rights Projects are likely to comprise of mosaic of rights Some owned by you Some owned by project partners Some owned by third parties (known) Some owned by third parties (unknown)

Projects are likely to comprise of mosaic of rights

Some owned by you

Some owned by project partners

Some owned by third parties (known)

Some owned by third parties (unknown)

Role of Licences Licences are tools to facilitate IP transactions i.e. get permissions Many different types of licences (transactional, open, blanket etc) Licences in (permissions granted from third party) Licences out (permissions granted to third party) Compatibility of licences in and licences out Contract law overrides copyright law!

Licences are tools to facilitate IP transactions

i.e. get permissions

Many different types of licences (transactional, open, blanket etc)

Licences in (permissions granted from third party)

Licences out (permissions granted to third party)

Compatibility of licences in and licences out

Contract law overrides copyright law!

Role of licences II…. www.web2rights.org.uk 06/06/09

Role of Consortium Agreements Mechanism to outline roles, rights and responsibilities of project partners Background and Foreground IPR Who owns what rights? Who has permission to use what rights Clearance obligations for third party rights Other key issues Need to be signed as early as possible Often take a while to be resolved Model Consortium Agreement Available

Mechanism to outline roles, rights and responsibilities of project partners

Background and Foreground IPR

Who owns what rights?

Who has permission to use what rights

Clearance obligations for third party rights

Other key issues

Need to be signed as early as possible

Often take a while to be resolved

Model Consortium Agreement Available

Getting Started Answers to the questions below will form the basis from which you could go on to map copyright and the permissions that you need on to your activities. The Technology Am I developing a new technology? Am I developing an existing technology? Am I deploying an existing technology? The Content Which team members are involved in developing content (and technologies) Am I using content generated by a third party not a member of the team? Technology and Content How do I want my technology and content to be made available to users (over the short and longer term)? What are my obligations to JISC? What are my obligations to my project partners (i.e. Consortium Agreement) What are my obligations to my institution (i.e. via IP Policy)? 06/06/09

Answers to the questions below will form the basis from which you could go on

to map copyright and the permissions that you need on to your activities.

The Technology

Am I developing a new technology?

Am I developing an existing technology?

Am I deploying an existing technology?

The Content

Which team members are involved in developing content (and technologies)

Am I using content generated by a third party not a member of the team?

Technology and Content

How do I want my technology and content to be made available to users (over the short and longer term)?

What are my obligations to JISC?

What are my obligations to my project partners (i.e. Consortium Agreement)

What are my obligations to my institution (i.e. via IP Policy)?

06/06/09

Want to Find Out More? JISC Legal www.jisclegal.ac.uk OSS Watch www.oss-watch.ac.uk TASI www.tasi.ac.uk Web2Rights www.web2rights.org.uk Thank You Naomi Korn www.naomikorn.com

JISC Legal www.jisclegal.ac.uk

OSS Watch www.oss-watch.ac.uk

TASI www.tasi.ac.uk

Web2Rights www.web2rights.org.uk

Thank You

Naomi Korn

www.naomikorn.com