Intellectual PropertyIntellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
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
Whyshouldwecare?Copyrightinfringementis a seriouseconomiccrime.
Introduction to UK Copyright Lawhttp://www.youtube.com/watch?v=qc8YXIg82Q0&feature=share&list=PLXL0-lF_LimS27SFunITvpXDr_lyEp6mc
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
The 1988 Copyright, Designs and Patents Act (CDPA) It Covers broadcast and public performance copying adapting issuing renting and lending copies to the public
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
How and When? Copyright is an automatic right and arises whenever an individual or company creates a work
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.
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.
So, Copyright occurs when you have..1. Tangible form2. Originality3. Skill
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
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.
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.
Is there a time limit?Duration:For literary, dramatic, musical or artistic works:70 yearsSound Recordings and broadcasts: 50 yearsFilms: 70 yearsIf the work is of unknown authorship: 70 yearsTypographical arrangement of publishededitions: 25 yearsBroadcasts and cable programmes: 50 yearsCrown Copyright will last for a period of 125years
Part 3How does copyright apply to digital media?
“every important story gets told,every brand gets sold, and every consumer gets courted across multiple media platforms”Henry Jenkins – Convergence Culture (2006)
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.
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…
Penalties in the UKUpon conviction:Magistrates court maximum term of incarceration is 6 months "level five" fine of £5,000Crown court maximum term of incarceration is 10 years "unlimited" fine
UK Music: Copyright laws relaxedhttp://www.youtube.com/watch?v=Cx56DgZWgF0&feature=share&list=PLXL0-lF_LimS27SFunITvpXDr_lyEp6mc
Gowers Review (2008)The penalty for a copyright offence dependson whether the infringement occurred onlineor not.
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
Using without Infringing Exceptions include: Making temporary copies Research or private study Criticism and Review Incidental Inclusion Instruction or Examination Moral rights Performance rights
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
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?