Copyright 2012


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Thursday 22nd November

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Copyright 2012

  1. 1. Intellectual Propertyand Copyright Issues Investigative Report Thursday 22nd November 2012
  2. 2. Part 1What is Intellectual Property?
  3. 3. Intellectual PropertyIntellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
  4. 4. Intellectual PropertyIP is divided into 2 Copyright: •literary and artistic categories:  works such as novels,Industrial property: poems and plays •films• inventions (patents) •musical works• trademarks •artistic works such as• industrial designs drawings, paintings, photographs and• geographic sculptures indications of source •architectural designs 
  5. 5. Whyshouldwecare?Copyrightinfringementis a seriouseconomiccrime.
  6. 6. Part 2How can IP be protected by Copyright?
  7. 7. Introduction to UK Copyright Law
  8. 8. The 1988 Copyright, Designs and Patents Act (CDPA)  Protects creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions  Gives rights to control ways their material is used
  9. 9. The 1988 Copyright, Designs and Patents Act (CDPA) It Covers  broadcast and public performance  copying  adapting  issuing  renting and lending copies to the public
  10. 10. The 1988 Copyright, Designs and Patents Act (CDPA) International conventions give protection in most countries, subject to national laws Other Laws in use are: Video Recordings Act 1984 Trade Descriptions Act 1968 Proceeds of Crime Act (POCA) 2002  The Copyright and Related Rights Regulations 2003 Human Rights Act 1998
  11. 11. How and When? Copyright is an automatic right and arises whenever an individual or company creates a work
  12. 12. What? To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement Interpretation is related to the independent creation rather than the idea behind the creation.
  13. 13. Basically…
  14. 14. Examples: Your idea for a book would not itself be protected, but the actual content of a book you write would be. Someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so. Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be. In short, work that expresses an idea may be protected, but not the idea behind it.
  15. 15. So, Copyright occurs when you have..1. Tangible form2. Originality3. Skill
  16. 16. However…Sound recordings, Literary, dramatic,films, broadcasts and artistic or musicaltypographic works need to classedarrangements of works as original to bedo not need to protecteddemonstrate originalityin order to beprotected by copyright
  17. 17. What am I doing wrong?It is an offence to perform any of the following acts without the consent of the owner: Copy the work. Rent, lend or issue copies of the work to the public. Perform, broadcast or show the work in public. Adapt the work.
  18. 18. Copyright Infringement Joining a file-sharing network and downloading unauthorized copies of copyrighted music for free. Sharing unauthorized MP3 copies of a song on the Internet or through a file-sharing network. Using a wireless router in your room; others may share illegal material through your router, giving the appearance that you are the guilty party. Emailing copies of a copyrighted song to all of your friends. Transferring copyrighted music using AIM or other instant messaging services. Burning CD copies of music you have downloaded and then giving them to all your friends.
  19. 19. Is there a time limit?Duration:For literary, dramatic, musical or artistic works:70 yearsSound Recordings and broadcasts: 50 yearsFilms:  70 yearsIf the work is of unknown authorship: 70 yearsTypographical arrangement of publishededitions: 25 yearsBroadcasts and cable programmes: 50 yearsCrown Copyright will last for a period of 125years
  20. 20. Part 3How does copyright apply to digital media?
  21. 21. “every important story gets told,every brand gets sold, and every consumer gets courted across multiple media platforms”Henry Jenkins – Convergence Culture (2006)
  22. 22. The InternetMost digital content found on the Internet willbe protected by copyright.A website will have its own copyright, but therewill also be separate copyright in the domainname, title, sound effects, images andphotographs and written content.
  23. 23. Gowers Review (2008)Does the current IP infringement frameworkreflect the digital environment?Crimes committed in the online and physicalworld should not be subject to differentsentences.More on this later…
  24. 24. Part 4What are the penalties?
  25. 25. Penalties in the UKUpon conviction:Magistrates court  maximum term of incarceration is 6 months  "level five" fine of £5,000Crown court  maximum term of incarceration is 10 years  "unlimited" fine
  26. 26. UK Music: Copyright laws relaxed
  27. 27. Gowers Review (2008)The penalty for a copyright offence dependson whether the infringement occurred onlineor not.
  28. 28. Gowers Review (2008)1. Commercially deal in infringing goods or those who distribute goods  maximum penalty is ten years imprisonment1. Online infringement by communicating the work to the public  two years imprisonment1. Commercial showing or playing in public of a work  maximum of six months imprisonment or a level five fine
  29. 29. Using without Infringing Exceptions include: Making temporary copies Research or private study Criticism and Review Incidental Inclusion Instruction or Examination Moral rights Performance rights
  30. 30. A word about Fair Dealings The owner has the exclusive rights to:  Copy the work  Issue copies of the work to the public  Rent or lend the work to the public  Perform, show or play the work in public  Communicate the work to the public  Make an adaptation of the work or do any of the above in relation to an adaptation
  31. 31. A word about Creative Commons Licences Increasingly, digital content is being made available under open content licences such as Creative Commons Licenses These provide creators with the ability to pre-determine the terms of use of their digital creations, providing other users the ability to use the digital resources without having first to contact the rights holder
  32. 32. NowOver to you…
  33. 33. CourseworkInvestigative ReportDescribe key intellectual property and copyright issues, related to digital technology and content creation. What is intellectual property and how can this be protected by copyright, trademarks and patents? Explain copyright law. How does copyright apply to digital media? What are the penalties of copyright infringement?