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An overview of copyright
The document provides an overview of intellectual property (IP) rights in the UK, highlighting the lack of knowledge about IP among businesses and outlining the criteria for copyright protection, including specific categories such as literary, musical, and artistic works. It discusses the duration of copyright, moral rights, and ownership issues, particularly for works created by employees versus contractors. Additionally, it addresses infringement types, permitted acts, and offers resources for businesses to better understand and manage their intellectual property.
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An overview of copyright
- 1. Intellectual Property An overviewof Copyright Andrew Reith Business Outreach & Education
- 2. Business investment haschanged - 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 intellectualproperty? Intellectual Property Patents Trade marks Registered designs CopyrightConfidentiality Trade Secrets Plant Varieties
- 5. True or False Ifit 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 doesCopyright 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 ifthe 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? Theemployer 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? Takenby 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 ismore 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 ofthe 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 ofthe 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 - permittedacts 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 Markwork 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 Earners2012 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 onlinediagnosis 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 - 0300300 2000
- 22.
Editor's Notes
- #3 http://www.nesta.org.uk/library/documents/Innovation_Indexv2012.pdf