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- 1. Mini Masterclass – Copyright for business Maria Lampert Information Expert : Intellectual Property Business & Intellectual Property Centre
- 2. www.bl.uk 2 The British Library The British Library is the UK’s national library and one of the world’s greatest research libraries, with collections containing over 150 million items.
- 3. www.bl.uk 3 Who is the British Library for? personal or commercial
- 4. www.bl.uk 4 The Business & IP Centre Valuable business and IP information including: •Market research. •Funding sources. •Company data. •Business news. •IP information. •Industry guides.
- 5. www.bl.uk 5 The Business & IP Centre •Advice clinics. •Public access networking area. •Partner network. •Workshop and webinars. •‘Inspiring Entrepreneurs’ talk series. •Innovating for Growth programme.
- 6. www.bl.uk 6 Disclaimer This presentation is not legal advice We strongly advise you to seek legal advice before proceeding with using or applying for intellectual property rights – most patents or trademark attorneys will offer a free half hour consultation. We can direct you to online directories of specialist patent and trade mark attorneys. Content is limited to the UK region.
- 7. www.bl.uk 7 Intellectual property (IP) is the result of intellectual endeavour. It is the protection of creativity and innovation. What is intellectual Property?
- 8. www.bl.uk 8 Types of intellectual property • Patents – how something works or the process of making it. • Registered Designs - for appearance of articles, the distinctive looks of a pattern or product. • Trademarks – words or logos that indicate the origins of products and services. • Copyright - for creative works, protecting written, musical and artistic works.
- 9. www.bl.uk 9 UK Trade Mark - 719871 UK Patent - GB747598 “Improvements in or relating to apparatus for use in playing board games. ” UK Registered designs – 2089860 racks; 2089861 board
- 10. Copyright
- 11. www.bl.uk 11 ‘To every cow belongs its calf; to every book its copy’ King Diarmait mac Cerbhiall
- 12. www.bl.uk 12 • A legal right. • Gives creators protection against use without permission. • Automatic and free. • Can be bought, sold, donated or licensed. • Protects tangible items, but exists independently of the physical item. • Applies for a limited term, which varies. What is copyright?
- 13. www.bl.uk 13 Criteria for protection •Work must exist in material form – copyright cannot protect ideas. •Must be original – not copied. •Moral grounds – blasphemy, libel. •Copyright applies for a limited term – once expired, work is in the public domain. •Exceptions.
- 14. www.bl.uk 14 Famous copyright cases •Obama ‘Hope’ poster – Shepard Fairey vs. Associated Press •‘Happy birthday to you’ •Blurred Lines – Gaye vs. Thicke/Williams
- 15. www.bl.uk 15 The value of copyright • In 2011, an estimated 24% of total UK investment in intangible assets was in assets protected by copyright. • In 2011, total investment in intangible assets protected by copyright was estimated at £30.1 billion (equivalent to approximately 2% of total UK GDP). (Source: IPO UK, 2015)
- 16. www.bl.uk 16 What does copyright protect? • Original literary, dramatic, musical and artistic work, including illustration and photography. • Original non-literary written work, e.g. software, web content and databases. • Sound and music recordings. • Film and television recordings. • Broadcasts. • The layout of published editions of written, dramatic and musical works.
- 17. www.bl.uk 17 How long does copyright last? • Written, Dramatic, Musical & Artistic work: Life of author + 70 years (for film, author = director, screenplay author and composer). • Typographical arrangement of published editions: 25 years from first publication. • Broadcasts: 50 years from the making of the broadcast. • Sound and music recordings (separately from music and lyrics) : 70 years from publication or communication to the public (whichever is later).
- 18. www.bl.uk 18 Crown copyright; Exists in works made by an officer of the Crown, including legislation and reports produced by government bodies. Parliamentary Copyright; Applies to work that is made by or under the direction or control of the House of Commons or the House of Lords.
- 19. www.bl.uk 19 What does a copyright owner control? • The opportunity to use or monetise the work. • Copying of the work in any way. • Issuing copies of the work to the public. • Renting or lending copies of the work to the public. • Performing, showing or playing the work in public. • Broadcasting the work or other communication to the public by electronic transmission. • Making an adaptation of the work.
- 20. www.bl.uk 20 Managing your copyright • Always mark your work with the © symbol followed by your name and the year of publication – e.g. © Maria Lampert, 2016. • Keep a physical record. • Send a copy of your work to yourself. • Deposit it with a bank or solicitor.
- 21. www.bl.uk 21 Managing your copyright • Always make sure the copyright situation is clear upfront, whether you are owner or user. • Assignment. • Licensing: • Exclusive/non-exclusive. • Limited use. • Creative Commons and other sharing frameworks.
- 22. www.bl.uk 22 An example • How would you protect the copyright in this photo? • How would you get permission to use someone else’s photo?
- 23. www.bl.uk 23 Using other people’s copyright works • Always best practice to ask permission • Make sure you credit • Make sure you understand the T&Cs/licence • Just because it’s on the internet, doesn’t mean it’s free…
- 24. www.bl.uk 24 Some places to find images Creative Commons search: http://search.creativecommons.org/ From ‘Grow’, images to use on blogs: http://www.wearegrow.com/open-source-images-for-your- blog/?utm_content=buffer9f8ab&utm_medium=social&utm_ source=twitter.com&utm_campaign=buffer The British Library: https://www.flickr.com/photos/britishlibrary/ Remember to check the licences! T&Cs will still apply..
- 25. www.bl.uk 25 Using other people’s copyright works •Intellectual Property Office •Copyright Hub •WATCH file •Collecting Societies •Orphan works licensing scheme
- 26. www.bl.uk 26 Licensing bodies and collecting societies Organisations which license rights on behalf of multiple rights holders (e.g. in the music or art industry), usually in a single licence. Rights holders become members of the collecting society and instruct it to license their rights. For more about collecting societies, see: https://www.gov.uk/licensing-bodies-and-collecting-societies
- 27. www.bl.uk 27 Orphan Works Licensing Scheme • An ‘orphan work’ is a work that is still in copyright, but the rights holder can’t be found (after a diligent search) • There is now a licensing scheme available for these works • https://www.gov.uk/copyright-orphan-works
- 28. www.bl.uk 28 Question You want to use an image of ‘The Studio’, a 1955 painting by Picasso (1881 – 1973) on your website You find an image on Google… •Do you need to get permission? •If so who from? •What other considerations might there be?
- 29. www.bl.uk 29 Related rights •Moral rights. •Performers' rights. •Publication right. •Database right.
- 30. www.bl.uk 30 Exceptions May include: •Non-commercial research or private study •Criticism, review or news reporting •Education and teaching •Archiving and preservation •Judicial and public administration
- 31. www.bl.uk 31 Exceptions Continued •Accessible formats for disabled people. •Caricature, Parody or Pastiche. •Quotation (within reasonable limits). •Text and data mining.
- 32. www.bl.uk 32 Copyright exceptions – more info Exceptions to copyright https://www.gov.uk/exceptions- to-copyright
- 33. www.bl.uk 33 Useful resources • British Library Business & IP Centre www.bl.uk/bipc • Intellectual Property Office https://www.gov.uk/government/organisations/intellectual- property-office • Copyright Hub http://www.copyrighthub.co.uk/ • Copyright User: http://copyrightuser.org/ • Design and Artists Copyright Society guide to legal terms for social media http://www.dacs.org.uk/knowledge- base/factsheets/understanding-social-media-terms-and- conditions
- 35. www.bl.uk 35 T +44 (0)207 412 7966 E maria.lampert@bl.uk @lampert_m British Library Business & IP Centre www.bl.uk/bipc Sign up to our monthly e-newsletter at www.bl.uk/newsletters/subscribe.html @BIPC Contact details
- 36. www.bl.uk 36 Presentation © The British Library, 2016 You may re-use the text of this presentation via the following Creative Commons licence: Creative Commons Attribution-NonCommercial- NoDerivatives 4.0 International License. However, please note the images used may be subject to different licences and will need separate permissions – please see below for attribution details. Lightbulb © Davide Guglielmo (http://www.broken-arts.com), Bee © Bernard Lampert 2015, Thumbs up © Thiago Felipe Festa (www.flickr.com/photos/thiagofesta ) via www.sxu.hu Envelope © Frank C. Müller, Baden-Baden (Own work) [CC BY-SA 2.5 (http://creativecommons.org/licenses/by-sa/2.5)] Computer from the Open Clip Art Library via Wikimedia Commons http://commons.wikimedia.org/wiki/File:Computer-blue.svg?uselang=en-gb
Editor's Notes
- Make clear that this is an introduction to the basics – can’t cover all of copyright.
- Example of something that combines all elements – Coke bottle?
- Concepts of ownership can be traced back further to ancient Greek culture, ancient Jewish law, and ancient Roman law. The world's first copyright law was the Statute of Anne, enacted in England in c.1710; basically a set of privileges and monopolies granted to printers of books, shortly after the invention of the printing press. With this new technology having made it far easier to make multiple copies of a book, the rapid spread of information began, and to remedy this a situation was created where powerful printing houses, under the banner of the Stationers' Company, were awarded a monopoly on the ability to publish information. The downside of this was that only literature that the group wanted to print could be printed, and as a result, they quickly took ownership of the content -- the authors and the public had no power at all against this powerful commercial distortion of the market, and therefore no rights. The solution came in the form of "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned," better known as the Statute of Anne, after Queen Anne, who was the monarch at the time. This granted publishers legal protection against copies for a limited time -- 14 years -- after which anyone was free to reprint the content. It created the concept of a public domain for the first time, where the general public owns a creative work. 1,148 years earlier.. late sixth century in Ireland. An Irish missionary, Saint Columba had been lent a book of psalms by Saint Finian, and had made a copy. Finian argued that as he owned the original, he should own the copy, but Columba disagreed. King Diarmait Mac Cerbhaill attempted to resolve the matter with the judgement: "To every cow belongs her calf, therefore to every book belongs its copy", marking the first documented ruling with regards to copyright. It didn't do much, good, though. The dispute escalted, resulting in the Battle of Cúl Dreimhne (.pdf) in 561, during which many men were killed. Columba was nearly excommunicated, but took the option of exiling himself from Ireland instead.
- Owning a painting does not necessarily mean you own the copyright in it Some works may have more than one copyright within them. For example, within a film there may be copyright within the original screenplay, the music score, as well as the film itself. Copyright may co-exist with other intellectual property in one item. Skill, labour and judgement - in March 2012, a case was taken to the European Court of Justice, in which Football DataCo claimed copyright infringement over web sites which were reproducing match schedules from several major football leagues. Football DataCo asserted that these schedules were copyrighted works due to the skill and labour involved in their preparation, and that the company was given exclusive rights to license their reproduction. Based on its interpretation of British law, the court rejected the notion that labour and skill was enough to grant protection to a work, since "unless the procedures for creating the lists concerned as described by the national court are supplemented by elements reflecting originality in the selection or arrangement of the data contained in those lists, they do not suffice for those lists to be protected by the copyright laid down in the directive.
- Obama hope poster – poster was created using AP photo, permission had not been asked. The case was settled out of court before a decision was reached, with Fairey agreeing to pay an undisclosed amount of compensation and the two sides agreeing to share the rights to make posters and merchandise bearing the "Hope" image. Unlikely that Garcia’s work could have ever reached the level of fame it did, if not for Fairey’s poster? Garcia himself stated he was ”so proud of the photograph and that Fairey did what he did artistically with it, and the effect it has had,” but still had a problem with the fact that Fairey took the image without permission and without credit for it’s originator. In September 2015 a federal court judge in Los Angeles declared Happy Birthday to You belongs in the public domain. US district judge George H King ruled that the copyright originally filed by the Clayton F Summy Co in 1935 applied to a specific arrangement of the song, not the tune itself. He also ruled that Summy never acquired the rights to the song’s lyrics, and the defendants’ claims to the contrary were “implausible and unreasonable”. “Because Summy Co never acquired the rights to the Happy Birthday lyrics, [the] defendants, as Summy Co’s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics,” King wrote in a judgment posted online. An attorney for the plaintiffs said afterwards. “Finally, the charade is over. “Happy Birthday is finally free after 80 years,” It’s unbelievable.” Up until now, the defendants Warner Chappell Music, a division of the Warner Music Group, has charged people for use of the song. Gayes “Got to give it up” from 1977
- None of the early appearances of the "Happy Birthday to You" lyrics included credits or copyright notices. The Summy Company registered a copyright in 1935, crediting authors Preston Ware Orem and Mrs. R. R. Forman. In 1988, Warner/Chappell Music purchased the company owning the copyright for US$25 million, with the value of "Happy Birthday" estimated at US$5 million.[10][11] Based on the 1935 copyright registration, Warner claimed that the United States copyright will not expire until 2030, and that unauthorized public performances of the song are technically illegal unless royalties are paid to Warner. In one specific instance in February 2010, these royalties were said to amount to US$700.[12] By one estimate, the song is the highest-earning single song in history, with estimated earnings since its creation of US$50 million.[13][14] In the European Union, the copyright of the song was set to expire no later than December 31, 2016.[15]
- What doesn’t it protect? Ideas, business methods, v.short phrases, names in most cases, commonly known facts. A broadcast is an electronic transmission of visual images, sounds or other information which is transmitted for simultaneous and lawful reception by members of the public or is transmitted at a time determined by the broadcaster for presentation to members of the public The definition thus includes: Conventional terrestrial television and radio broadcasts Satellite broadcasts Cable programmes Material made available by means of the internet which is also being simultaneously broadcast by other means; is showing a live event; or is transmitted ay scheduled times set by the broadcaster In all broadcasts, it is the actual signal that is protected by the copyright. There may be a separate copyright in the content (for example a dramatic copyright in the play begin broadcast). The copying down by hand of the words of the play might be an infringement of the dramatic copyright but not of the broadcast copyright, since the actual signal has not been copied. Ask audience for examples of copyright?
- Crown copyright Unpublished work: lasts for a period of 125 years from creation If the work was commercially published within 75 years of the creation, lasts for 50 years from publication year Parliamentary: 50 years from creation
- Copying - e.g. photocopying, reproducing a printed page by handwriting, typing or scanning into a computer, and taping live or recorded music Performing - - e.g. performing plays and music, playing sound recordings and showing films or videos in public. Broadcasting - This includes putting copyright material on the internet or using it in an on demand service Adaptation - such as by translating a literary or dramatic work, transcribing a musical work and converting a computer program into a different computer language or code
- Although copyright exists automatically, it’s good practice to make it as clear as possible
- Licensing: IP Health Check booklet IPO
- The copyright symbol does not have to be present for copyright to exist, so just because there is no name or copyright symbol associated with a photo or image does not mean the image is not protected by copyright. Sometimes uploading and downloading images causes the associated metadata to be removed accidentally. Metadata is embedded within the image and can give details of the copyright owner. Deliberate removal of metadata that identifies the copyright owner is unlawful. Copyright does not disappear simply because the owner cannot be found. Works for which one or more of the copyright owners is not known or cannot be located are referred to as “orphan works”. You may want to try to find an alternative image that can be licensed through the creator or a picture library. If not, and after a diligent search you cannot trace the copyright owner, you may be able to apply for an orphan works licence from the Intellectual Property Office through the IPO UK website..
- You are likely to need permission for most uses of copyright work, particularly if it’s public and/or commercial use – it’s always best practice to ask the owner, even if your usage is non-commercial or you think there’s a relevant exception. Always provide a credit for the work.
- If you would like to use copyright material, you usually need to get permission from the rights holder to do so. Sometimes this can be obtained directly from the rights holder, but more often it is granted in the form of a licence from a licensing body. A licensing body is a broad term used to describe any organisation which offers licences for the use of copyright work Collective Management Organisation (CMO) A Collective Management Organisation (CMO) is a type of licensing body which grants rights on behalf of multiple rights holders in a single (‘blanket’) licence for a single payment. Generally speaking, rights holders will join a CMO as members and instruct it to license rights on their behalf. The CMO charges a fee for the licence, from which it deducts an administrative charge before distributing the remainder as royalties. They are typically not for profit organisations and are owned and controlled by their members, the right holders. Copyright works can come in a number of different forms, for example books, newspapers, pictures or music. There is usually one CMO per sector which may be able to offer a collective licence. Music - PRS for Music and Phonographic Performance Limited (PPL) Eos (The Broadcasting Rights Agency) serves the music industry in Wales Copyright Licensing Agency (CLA) - Licenses on behalf of the Publishers Licensing Society, the Authors’ Licensing Society and (in certain cases) the Design and Artists Collecting Society. Publishers Licensing Society (PLS) - Use the Copyright Licensing Agency (CLA) and the NLA Media Access to manage collective licensing for publishers. Authors Licensing and Collecting Society (ALCS) - Use the CLA to license the rights of its author members.
- If you would like to use copyright material, you usually need to get permission from the rights holder to do so. Sometimes this can be obtained directly from the rights holder, but more often it is granted in the form of a licence from a licensing body. A licensing body is a broad term used to describe any organisation which offers licences for the use of copyright work Collective Management Organisation (CMO) A Collective Management Organisation (CMO) is a type of licensing body which grants rights on behalf of multiple rights holders in a single (‘blanket’) licence for a single payment. Generally speaking, rights holders will join a CMO as members and instruct it to license rights on their behalf. The CMO charges a fee for the licence, from which it deducts an administrative charge before distributing the remainder as royalties. They are typically not for profit organisations and are owned and controlled by their members, the right holders. Copyright works can come in a number of different forms, for example books, newspapers, pictures or music. There is usually one CMO per sector which may be able to offer a collective licence. Music - PRS for Music and Phonographic Performance Limited (PPL) Eos (The Broadcasting Rights Agency) serves the music industry in Wales Copyright Licensing Agency (CLA) - Licenses on behalf of the Publishers Licensing Society, the Authors’ Licensing Society and (in certain cases) the Design and Artists Collecting Society. Publishers Licensing Society (PLS) - Use the Copyright Licensing Agency (CLA) and the NLA Media Access to manage collective licensing for publishers. Authors Licensing and Collecting Society (ALCS) - Use the CLA to license the rights of its author members.
- Moral rights such as the right to object to the derogatory treatment of your work and to be correctly attributed, last for as long as copyright lasts in the work Performers' rights Performers have various rights in their performances as well as in the recordings or broadcasts of their performances Publication right gives you rights equivalent to copyright if you publish for the first time a literary, dramatic, musical or artistic work or a film in which copyright has expired. It lasts for 25 years Database right In addition to or instead of copyright protection, a database may be protected by 'database right‘, lasting 15 years from creation or 15 years from publication if published Performers are entitled to various rights in their performances, whether these take place on the stage, during a concert and so on. Performers also have rights in any recordings, films or broadcasts of their performances. In many cases, but not always, the performance may be of a copyright work - literary, dramatic or musical - so the performers' rights will be in addition to the rights of copyright owners with respect to the performance and subsequent exploitation of any recording or broadcast of the performance. A performer has the right to control the broadcasting of his or her live performance to the public. The permission of a performer must also be sought before a recording of the live performance is made. These are referred to as a performer's non-property rights. Once a recording of the performance has been made, the performer's permission is also needed to make copies of that recording. A performer may be entitled to remuneration in respect of broadcasting, other types of communication to the public by electronic transmission, public performance and rental of those copies. These are a performer's property rights. It will usually be necessary, therefore, to obtain permission from the performers in advance for activities that would infringe any of these rights.
- Changes to the law in 2014; Research and Private Study – Students will be able to have greater access to content in fields such as musicology, media studies, film, oral history and medicine. Copying must be reasonable and fair, so copying a whole DVD instead of buying a copy will not be permitted. Archiving and preservation - Libraries, archives, museums and galleries are able to make copies of all types of creative works in their collections, in order to preserve them for future generations, when it is not reasonably practicable to purchase a replacement. Judicial and Public administration - Public bodies were only able to provide that material by issuing paper copies or making the material available for inspection at their premises. Making this material available for wider viewing on the internet enables the public to access information easily and conveniently, offering greater transparency and saving time and expense both for public bodies and individuals.
- Caricature, Parody and pastiche - Many works of caricature, parody or pastiche – songs, films, artworks and so on - especially in this age of digital creation and re-mixing, involve some level of copying from another work. The new exception allows use of someone else’s copyright material for these purposes – but only if the use is fair and proportionate. For example, the use of a few lines of song for a parody sketch is likely to be considered fair, whereas use of a whole song would not be and would continue to require a licence. Quotation – Freedom to quote works of others for other purposes as long as it is reasonable and fair. Substantial - However - a substantial part is not defined in copyright law but has been interpreted by the courts to mean a qualitatively significant part of a work even where this is not a large part of the work. Therefore, it is quite likely that even a small portion of the whole work will still be a substantial part. For instance, Mona Lisa’s smile would very probably be considered a ‘substantial’ part of that work. Certain exceptions only apply if the use of the work is considered ‘fair dealing’. There is no statutory definition of fair dealing - it will always be judged on a case by case basis. In considering whether a usage is fair dealing, the intention and amount will be considered. Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair, include: Does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair. 2. Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used. The relative importance of any one factor will vary according to the case in hand and the type of dealing in question. The question to be asked is: how would a fair-minded and honest person have dealt with the work? Text and data mining - Researchers will be able to copy materials for the technical process of data mining, as long as they have the right to access to the works in question. This change only applies when the research is for non-commercial purposes
- Licensing societies – DACS, PRS for music and film ones?