Intellectual Property RightsIntellectual Property Rightsand Mass Communication and Mass Communication

Presented by:Presented by:Philippa Davies Philippa Davies

Manager, Copyright & Related Rights Manager, Copyright & Related Rights Directorate Directorate

Jamaica Intellectual Property OfficeJamaica Intellectual Property Office© October 2008© October 2008

JamaicaJamaica IntellectualIntellectual PropertyProperty OfficeOffice

Government agency responsible for administering Government agency responsible for administering Intellectual Property laws in Jamaica Intellectual Property laws in Jamaica

Public EducationPublic Education

Registration –Trademarks, Designs, PatentsRegistration –Trademarks, Designs, Patents

Liaising with interest groupsLiaising with interest groups

Policy development Policy development

Updating laws Updating laws

Intellectual PropertyIntellectual Property

Ownership of the fruit of original intellectual effortOwnership of the fruit of original intellectual effort

Valuing Valuing

the Creative Expressions the Creative Expressions

of the of the

Human IntellectHuman Intellect

Intellectual Property RightsIntellectual Property Rights

Legal rights that protect the creations of Legal rights that protect the creations of

the human mindthe human mind

Balance between exclusive rights of Balance between exclusive rights of creators and creators and larger public interest : larger public interest :

• EducationEducation

• ResearchResearch

• Access to informationAccess to information

What types of Intellectual Property (IP) What types of Intellectual Property (IP) Rights ? Rights ?

INTELLECTUAL PROPERTY

RIGHTS

INDUSTRIALPROPERTY

COPYRIGHT &

RELATED RIGHTS

INDUSTRIAL DESIGNS PATENTS TRADE MARKS

TRADITIONAL KNOWLEDGE

GEOGRAPHICAL INDICATIONS

PatentsPatents

Granted for an inventionGranted for an invention

An invention is a An invention is a PRODUCTPRODUCT or, a or, a PROCESS PROCESS that that provides a new way of doing something or offers a provides a new way of doing something or offers a new technical solution to a problemnew technical solution to a problem

New (novel), Inventive, Industrially applicableNew (novel), Inventive, Industrially applicable

Protected for 14 + 7 years Protected for 14 + 7 years

Trade /Service MarksTrade /Service Marks

““any SIGN that is capable of being any SIGN that is capable of being graphically represented and capable of graphically represented and capable of distinguishing the goods or services of distinguishing the goods or services of one undertaking from those of another”one undertaking from those of another”

10 years, renewable10 years, renewable

Top 10 Global Brands, 2008, US$Top 10 Global Brands, 2008, US$

Coca-cola $66.7 billionCoca-cola $66.7 billion

IBM $59.031 billion IBM $59.031 billion

Microsoft $56.007 billionMicrosoft $56.007 billion

General Electric $53.086 General Electric $53.086 billionbillion

Nokia $35.942 billionNokia $35.942 billion

Toyota $34 billionToyota $34 billion

Intel $31.2 billionIntel $31.2 billion

McDonald’s $31 billionMcDonald’s $31 billion

Disney $29.2 billionDisney $29.2 billion

Google $25.5 billionGoogle $25.5 billion

Protecting Personality RightsProtecting Personality Rights

Industrial DesignsIndustrial Designs

Aesthetic appearance of a productAesthetic appearance of a product

15 years 15 years

Geographical Indications Geographical Indications

Specific product is made in a Specific product is made in a geographical location such as a geographical location such as a town, region, or country town, region, or country

Certain qualities linked to Certain qualities linked to geographical origingeographical origin

Jamaican Jamaican

Geographical IndicationsGeographical Indications ? ?

Traditional Knowledge Traditional Knowledge and and

Traditional Cultural ExpressionsTraditional Cultural Expressions

Music, dance, musical instruments, dress, Music, dance, musical instruments, dress, sayings, words/phrases, knowledge on sayings, words/phrases, knowledge on medicinal plantsmedicinal plants

Maroon and Rastafarian communitiesMaroon and Rastafarian communities

Copyright

Literary Works: written material,

lyrics,computer

programmes

typographical arrangements of published editions e.g. text-books

Artistic Works: paintings, sculptures, technical drawings,

photographs,

diagrams, buildings

Sound Recordings

Dramatic Works - scripts, dance and mimes;

Films, Broadcast and Cable Programmes

Musical Works

Qualifying for CopyrightQualifying for Copyright OriginalOriginal

Arises automatically. No requirement for registration

Fixed / in tangible form- written on paper or recordedFixed / in tangible form- written on paper or recorded

Post to yourself through registered mail at the post office Post to yourself through registered mail at the post office

or or deposit with IPS Centre or National Library of Jamaicadeposit with IPS Centre or National Library of Jamaica

©,©, name, date of creation – ‘Notice to the world’ name, date of creation – ‘Notice to the world’

CopyrightCopyright

Legal Deposits Act , 2002Legal Deposits Act , 2002

““Library matter of any kind, nature and description Library matter of any kind, nature and description and includes any document, paper, record , tape or and includes any document, paper, record , tape or other things published by a national publisher… on other things published by a national publisher… on or or in which information is written, recorded, stored or in which information is written, recorded, stored or reproducedreproduced” ”

Must be deposited with the National Library for archival Must be deposited with the National Library for archival purposespurposes

COPYRIGHTCOPYRIGHTEconomic rights:Economic rights:Exclusive right to copy ( reproduce), distribute, perform in Exclusive right to copy ( reproduce), distribute, perform in public, broadcast, adapt ( include translate)public, broadcast, adapt ( include translate)

Can be soldCan be sold

Moral Right:Moral Right:Right of PaternityRight of PaternityRight of Integrity Right of Integrity

Cannot be given awayCannot be given away

Duration Duration : lifetime + 50 years after death of author: lifetime + 50 years after death of author

Neighbouring or Related RightsNeighbouring or Related Rights Rights of persons whose creative talents Rights of persons whose creative talents

bring the copyrighted work to the public : bring the copyrighted work to the public :

PerformersPerformers rights in their performances: rights in their performances: singers, dancers, musicians, actorssingers, dancers, musicians, actors

Producers of phonograms Producers of phonograms (sound (sound recordings): record companiesrecordings): record companies

Broadcast organisations - Broadcast organisations - radio and TV radio and TV stations stations

Example of multiple © rights in single workExample of multiple © rights in single work

Song Song LyricsLyrics Musical composition/ Musical composition/

RiddimRiddim Singer/DJSinger/DJ MusiciansMusicians Record label/ ProducerRecord label/ Producer Dance Dance Broadcast stationBroadcast station

FFilm – ‘Lord of the Rings’ilm – ‘Lord of the Rings’ Author, Author, ScreenplaywrightScreenplaywright Film company Film company Director Director ActorsActors 3-D Artists3-D Artists Soundtrack composers Soundtrack composers

and performers etc….and performers etc….

Other examples ?Other examples ?

Infringement of CopyrightInfringement of Copyright

Any unauthorised act which only the Any unauthorised act which only the copyright owner is entitled to carry outcopyright owner is entitled to carry out

Civil damagesCivil damages

Criminal penalties – fine and /or Criminal penalties – fine and /or imprisonment imprisonment

Copying: legallyCopying: legally

Permission of author : directly or obtain a licencePermission of author : directly or obtain a licencethrough Collective Management Organisation through Collective Management Organisation (CMO’s) (CMO’s)

• Represent creatorsRepresent creators

• Given mandate to issue licences and collect Given mandate to issue licences and collect royaltiesroyalties

Copyright TribunalCopyright Tribunal

Collective Management or Collective Management or Licensing Societies Licensing Societies

in Jamaicain Jamaica

Jamaican Copyright Jamaican Copyright Licensing AgencyLicensing Agency

licenses the licenses the reprographic reproduction reprographic reproduction of print materialof print material

Jamaica Association Jamaica Association of Composers, of Composers, Authors and Authors and PublishersPublishers

licenses the use of copyright licenses the use of copyright musicmusic

Jamaica Music SocietyJamaica Music Society licenses the use of licenses the use of

phonograms phonograms

Legal Use of Copyright work Legal Use of Copyright work

Statutory exemptions:Statutory exemptions:

Fair dealing:Fair dealing: Private study / researchPrivate study / research

Criticism or reviewCriticism or review

Reporting current eventsReporting current events

Statutory Exemptions cont’dStatutory Exemptions cont’d

Educational purposes:Educational purposes:• Teaching purposes -Non-reprographic processTeaching purposes -Non-reprographic process

Including clips of film / film-soundtrackIncluding clips of film / film-soundtrack

• Examinations Examinations

• Use of Music for educational/religious/social Use of Music for educational/religious/social welfare activitieswelfare activities

• Photocopies from Library :JAMCOPY licencePhotocopies from Library :JAMCOPY licence

JAMCOPY licence with NCUJAMCOPY licence with NCU Covers course packs and digital copies – if scanned, uploadedCovers course packs and digital copies – if scanned, uploaded

from CD, and hard copies madefrom CD, and hard copies made

NCU has to report content of course packs and whether NCU has to report content of course packs and whether

freely distributed or soldfreely distributed or sold

Covers multiple copies made librariesCovers multiple copies made libraries

Covers use of slides in presentationCovers use of slides in presentation

Can copy up to 20% of a book, or a chapter , or a whole article in a Can copy up to 20% of a book, or a chapter , or a whole article in a edition edition

Benefits of a LicenceBenefits of a Licence

Allows for legal photocopyingAllows for legal photocopying

Legal protection against claims by rightsholders Legal protection against claims by rightsholders for infringementfor infringement

Access to works from creators and publishers Access to works from creators and publishers from Jamaica and around the world ( via from Jamaica and around the world ( via JAMCOPY’s reciprocals ) JAMCOPY’s reciprocals )

Respecting and supporting the creative Respecting and supporting the creative communitycommunity

But ….But ….

Not licence to copy whole booksNot licence to copy whole books

Not substitute for buying booksNot substitute for buying books

Copying outside of licence is an illegal act Copying outside of licence is an illegal act – subject to civil and criminal action– subject to civil and criminal action

Who gets hurt when you steal

someone’s Copyright ?

Song

Songwriter Composer/Rhythm creator

Publisher

Record Producer

Performer Musician / Arranger

Wife & KidsKids

Manager

CD Manufacturer

Janitor Lady who

brings cooked lunch

Graphic Designer

Studio Engineer

Distributor

CD Retail Outlet

Consumer

Adapted with permission of ASCAP

Literary Work

Literary Work

Author (s) Author (s)

PublisherPublisher

Commissioning Editor

Commissioning Editor CopyeditorCopyeditor Book designer Book designer IlustratorIlustrator Type compositorType compositor AccountingAccounting Adminstrative

Personnel

AdminstrativePersonnel

Printers Printers

BookmarketerBookmarketer Sales and Distribution

Sales and Distribution

ShippersShippers Local Bookshops

Local Bookshops

LibrariesLibraries

Institutions Institutions

Private Consumer

Private Consumer

OverseasBookshops

OverseasBookshops

LibrariesLibraries

Public/Private Institutions

Public/Private Institutions

Private Consumer

Private Consumer

Seizures in SpainSeizures in Spain

32 arrests, 502 burners,772,000 discs and 4 vehiclesseized.Suspects involved in peopletrafficking and estimated toproduce 150,000 pirate discsper day.

Intelligence Analysis on Piracy networksIntelligence Analysis on Piracy networks

Piracy in CopyrightPiracy in CopyrightEuropean Commission : 2005, 5 – 7 % of all worldEuropean Commission : 2005, 5 – 7 % of all worldtradetrade

200- 300 billion Euros200- 300 billion Euros

IFPI : 40 % of trade in all music products ( disc piracy)IFPI : 40 % of trade in all music products ( disc piracy)

LAC: Legitimate book trade US$5 billion, pirate trade LAC: Legitimate book trade US$5 billion, pirate trade US$8 billionUS$8 billion

USA: U$500 million – authors loss in royaltiesUSA: U$500 million – authors loss in royalties

Effects of Piracy Effects of Piracy

Economic loss to creators, performers, Economic loss to creators, performers,

publishers, producerspublishers, producers

Destroys the creative, cultural domainDestroys the creative, cultural domain

Disruption of marketsDisruption of markets

Legal use of worksLegal use of works

Public Domain – copyright has expiredPublic Domain – copyright has expired But may still be in effect for typographical But may still be in effect for typographical

arrangementarrangement

Creative Commons – ‘Some Rights Creative Commons – ‘Some Rights Reserved’Reserved’ Request permissionRequest permission Conditions of useConditions of use Royalty-freeRoyalty-free www.creativecommons.orgwww.creativecommons.org

We are all users and creators of IP We are all users and creators of IP

Respect IPRespect IP

Respect © !Respect © !

Thank you for your Attention !Thank you for your Attention !

Jamaica Intellectual Property OfficeJamaica Intellectual Property Office

44thth Floor, PCJ Building Floor, PCJ Building

36 Trafalgar Road,36 Trafalgar Road,

Kingston 10Kingston 10

http://www. jipo.gov.jmhttp://www. jipo.gov.jm

Email: info@ jipo.gov.jmEmail: info@ jipo.gov.jm

754-6350/60, 960-5588754-6350/60, 960-5588

960-1852960-1852