Presentation given by Andrew Reith, Business Events Manager at the Intellectual Property Office (IPO), at the CLIC staff development event 'An introduction to copyright', held at Cardiff Central Library on 14 March 2013.

1. Intellectual Property
An overview of Copyright
Andrew Reith
Business Outreach & Education

2. Business investment has changed
- in UK as elsewhere
IP
Fixed Capital
£ billion
Source EU COINVEST and Haskel et al

3. IP Baseline Survey
96% of UK businesses do not know the value of their
Intellectual Property Rights
Only 11% of UK businesses know that disclosure of an
invention before filing will invalidate a patent
74% of UK businesses could not correctly identify the owner
of copyright when using a subcontractor
Only 4% of UK businesses have an Intellectual Property
policy

4. What is intellectual property?
Intellectual
Property
Patents
Trade
marks
Registered
designs
CopyrightConfidentiality
Trade
Secrets
Plant
Varieties

5. True or False
If it doesn’t have a copyright notice, it’s not protected
I can copy 10% without it being an infringement
If I acknowledge the original work, I can use it
I have bought the book/painting/photograph so I can use
it as I wish

6. Copyright
Criteria for Protection
1. For copyright to subsist the work must be recorded in
a material form
2. The work must be “original” – not copied – sufficient
labour, skill and effort
3. Sufficiently connected to qualify under UK law –
authorship, publication, place of transmission.
4. Not excluded on public policy, moral grounds –
obscene, blasphemous, libellous etc

7. 1.Literary Works – All works expressed in print or writing
2.Dramatic Works – A work capable of being performed
3.Musical Works – includes melody, harmony and rhythm
4.Artistic Works – A work of artistic craftsmanship (not quality)
Copyright
5.Films – Moving images produced by any means
6.Sound Recordings – From which sounds can be reproduced
8.Published Editions – typographical arrangements
7.Broadcasts – transmission of visual images, sounds or other

8. What Copyright protects
Books, technical reports, manuals, databases
Engineering, technical or architectural plans
Paintings, sculptures, photographs
Music, songs, plays, dramatic works
Promotional literature, advertising
Films, videos, cable or radio broadcasts
Websites & Computer software

9. How long does Copyright last?
Literary, musical, artistic & dramatic works:
author‟s lifetime plus 70 years
Sound recordings, TV & radio broadcasts &
cable programmes: 50 years from first broadcast
Publishers‟ right (typographical layout etc.):
25 years
Films: 70 years after the death of the last of:
director, composer of the score, the author of
the screenplay and the scriptwriter

10. Baker Street
• Estimated £80,000 per year in
royalties since 1978
• Copyright expires 31 Dec 2081
• Saxaphone riff played by
• Bob Holness
• Raphael Ravenscroft
• One off fee £27

11. Moral Rights
Even if the creator sells their rights,
they have „moral rights‟ over how
their work is used.
Moral rights protect non-economic interests.
Available for literary, dramatic, musical, artistic
works and film.

12. Who owns Copyright?
The employer will own the copyright of a work
if an employee produces it in the
ordinary course of their employment
However, a contractor, a consultant or other
third parties will retain ownership
unless their contract is explicit to the contrary

13. Who owns copyright?
Taken by the prince‟s
executive chef, Carolyn Robb
wearing their „new set of
tweeds‟.
Settlement later reached with
Robb involving a four figure
fee for the use of the
photograph and use by the
Royal Mail.

14. If there is more than one author?
Where two or more people have created a single work and the
contribution of each author is not distinct from the other or
others
A computer programme may have been created by a team – all
those may be joint owners and as such may be joint owners.
This means all creators would need to agree before someone
asking to use that work could do so.

15. Primary Infringement
Any of the following without the
consent of the rights owner
Copying / Reproducing Adaptation
Distributing Issuing or renting
Public performance Broadcasting
IGNORANCE IS NO DEFENCE

16. Secondary Infringement
Any of the following without the
consent of the rights owner
Selling Importing
Possession for business purposes
Facilitating primary infringement
Only guilty if done knowingly,
or if you ought to have known

17. Exceptions - permitted acts
The following are allowable even when they
technically breach Copyright: “Fair Dealing”
Private study Research
News reporting Public Interest
Criticism / reviews Some official reports
Education, libraries Video/DVD „time-shifting‟

18. Copyright for Business
Mark work with the international copyright symbol
©
Electronic fingerprints
Look at licensing and assignment opportunities
Regularly review contracts (business and employees)
Record the work in some way

19. Top Dead Earners 2012
2. Michael Jackson – $145m
3. Elvis Presley- $55m
4. Charles Shultz - $37m
5. Bob Marley - $17m
6. John Lennon - $12m
7. Marilyn Monroe - $10m
7. Albert Einstein - $10m
9. Theodor Geisel - $9m
10. Steve McQueen - $8m
Source Forbes.com
1. Elizabeth Taylor - $210m

20. IP Healthcheck
Free online diagnosis
Patents, Trade marks,
Designs & Copyright
International Trade marks
Licensing and exploiting
your IP
Confidential Information
8 On line IP Healthchecks

21. www.ipo.gov.uk - 0300 300 2000

22. Thank you
Andrew Reith
andrew.reith@ipo.gov.uk