7 Myths of Intellectual Property
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The document discusses 7 common myths about intellectual property: 1. Making minor changes to a work does not prevent it from being copyright infringement. Substantially copying the original work violates copyright. 2. Creators own the works they create, but works made as employees belong to the employer, so employment contracts must specify ownership. 3. Just because content is online does not mean it can be freely used; permission is still required. 4. Buying a CD only grants music playback rights for personal use, not public performances. Composers and recording owners have separate rights. 5. Trademarks only protect against similar goods/services; they must be properly registered and defended to prevent generic
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7 Myths of Intellectual Property
- 1. Intellectual Property Stuff NSANZ March 2009 Jennie Vickers from Jennie Vickers the Myth-buster
- 2. LAW THINK TALK The Herd LEARN
- 3. Myths 7 Now its mine It’s mine I paid for it I can get it so I can use it I paid for the CD Zeopard is mine It’s my idea, hands off I said thanks
- 4. Myth 1 It’s not copyright infringement if you change 10 / 20 / 30% Mine Now it’s
- 5. Quality not quantity that counts It’s Substantial part of original owner’s work
- 10. Myth 2 Creators own their works I paid for it It’s mine
- 11. But when made under Employment What’s mine is mine What’s yours is mine
- 12. or Commissioned make sure the contract says so What’s yours is mine
- 14. Myth 3 so I can use it I can get it It’s ok if I download it from the net
- 15. Accessible does not equal useable
- 17. Myth 4 I bought the CD so I can use the music how I like for the CD I paid
- 18. does not equal buying the right to play it in public buying a cd...
- 21. Myth 5 I own a trademark so I can stop everyone is mine Zeopard
- 22. 45 classes 10 year protection Trademark
- 24. Myth 6 I came up with the idea, so no one else can use it It’s my idea hands off
- 25. Myth 6 There is no copyright in an idea - only the expression of an idea It’s my idea hands off What’s the difference?
- 27. Myth 7 Acknowledgement does not give user rights I said thanks Yes and, yes but...
- 29. Creative Commons
- 30. Andrew Magill
- 31. What the... Web 2.0
Editor's Notes
- Thank you. Hi The theme of this Presentation is IP myth busting. So let me open tonight by asking you a few questions.... but before I do, lets establish that I’ m here to share 1 key message with you which is that its time to take control of the legal stuff that could kill your business and you’ll hear me deliver this message many times in many ways during this address and so if there’s one thing to take away and remember... its time .... Now back to those questions. 1. Are you struggling to understand what you are allowed to do? well ITTTTC 2. Are you juggling and conflicted between getting your ideas out and keeping them a secret and feel like you’re missing the boat? maybe ITTTTC 3. Do you find that keeping up with the law is overwhelming ? then maybe ITTTTC So you’re probably saying to yourself is this going to be another incomprehensible law lecture from a boring lawyer? Well youre in luck, I’m an unusual some people say odd lawyer and I’ve had to learn how to apply this law not only as a lawyer but also practically as a practising speaker and trainer and business person. So tonight I want to pass on to you in the time available some key pointers and to bust some myths which may impact you as an IP generator and user and if you are still wondering exactly what Intellectual property is well, it i catches rights that arise from intellectual activity in the industrial, scientific, literary and artistic fields NEXT SLIDE
- For those of you who dont know me I run multiple businesses Think Law Talk Learn NEXT SLIDE
- Introduce the 7 myths... Note there are many more but picked out some key ones for tonight The most important point to hang onto is that copyright is not about the protection of an idea but the expression of an idea. This may seem odd or missing the point but like many bits of law it had a historical commercial driver that shaped history. The invention by Caxton of the printing press in 1476 brought pressure from booksellers and publishers which led to the granting of rights to make copies!
- There are a number of myths around this one with people suggesting rules of thumb of 10% 20% 30% trouble is these are really unhelpful because it is not about a percentage...
- Infringement can occur through the copying of a “substantial part” of a work.
- Shepard Fairey produced the painting but the original photo came from AP Press
- michael we need the web 2 collage picture in here intro to web2 and social networking etc range reading book rappers