maximising the value of intellectual property in film and media saturday 27 october 2012 presented...
TRANSCRIPT
![Page 1: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/1.jpg)
Maximising the Value of Intellectual Property in
Film and Media
Saturday 27 October 2012
Presented by
Tony Morris
![Page 2: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/2.jpg)
• IP is at the heart of all media productions
• Core asset of a media/production company
• Every production consists of works that are dependent on IP
• IP is an asset that has value, sometimes not perceived until too late
• Owning or controlling sufficient rights in IP is crucial for all those engaged in the creation, financing, management and exploitation of media productions
Why is Intellectual Property important?
![Page 3: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/3.jpg)
• Security IP right to use IP income derived from IP
• Who owns the IP? Who created it?
• Chain-of-title
• Contracts assignment licence
IP – Funder’s considerations
![Page 4: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/4.jpg)
• Cash to produce
• Integrity of the project/creative control
• Income
• Future projects existing works future/new works
IP – Producer/Creators’ considerations
![Page 5: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/5.jpg)
Where Intellectual Property is to be found
• Audio visual productions
• Written content; scripts and other material
• Photographs
• Drawings and other iconography
• Diagrams
• Musical compositions
• Sound recordings
• Formats
• Websites
• Software
• Publicity and advertising material
• Training material
• Trade/service marks (registered and unregistered)
• Brochures
![Page 6: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/6.jpg)
• Copyright
• Moral rights
• Performers’ rights
• Confidential information
• Trade marks
• Others
What is Intellectual Property?
![Page 7: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/7.jpg)
Species of intellectual property
Copyright
• Copyright – “…an original literary, dramatic, musical or artistic work …” Section 1 Copyright, Designs and Patents Act 1988
• Literary work includes software programme
• Sound recordings, films, broadcasts and cable programmes
• No copyright in an idea – only in the expression of that idea in a permanent form
• No copyright in facts
![Page 8: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/8.jpg)
Who is the first owner of copyright?
• Who is the first owner of copyright?
• The Author
• Works of joint authorship
• Works of an employee created in the course of employment belong to the employer
• Works made “for hire” (US concept)
• A copyright lasts for the life of author plus 70 years
• Sound recordings in EU now to be 70 years from date of first publication/communication to the public
• Copyright in a film or other audio visual programme expires 70 years after the death of the last of the 4 authors.
![Page 9: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/9.jpg)
Who is the author of a film?
• Writer
• Director
• Writer of dialogue
• Composer of music first written for the film
![Page 10: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/10.jpg)
Who owns the copyright in a film?
• Those making the arrangements for the production of the film/programme viz. the production company
Who owns a commissioned work?
• The author – unless or and until a formal assignment
• Ensure that the commissioner of a copyright is able to use works that it commissions by
• Written assignment• Written licence
• Otherwise - Licence as of right – extent may be uncertain
![Page 11: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/11.jpg)
Fair use
• Criticism or review: credit
• Incidental inclusion
• Reporting news and current events
• Research or study/educational purposes
• Parody
• First Amendment (US: free speech)
![Page 12: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/12.jpg)
Benefits of ownership
• No challenge to use
• Ability to prevent infringing users
• Use of adaptations and derivative works
![Page 13: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/13.jpg)
Moral Rights
• Paternity – the right to assert authorship
• Integrity –the right to prevent a derogatory treatment
• The continental approach – inalienable, irrevocable, perpetual
• The common law approach – a matter of contract
![Page 14: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/14.jpg)
Performers’ rights• What is a performance?
• Anyone giving a performance has a right in that performance
• Provide the possibility to prevent (1) broadcasting and communication to the public (2) fixation and (3) the reproduction of a fixation of a performer’s performance.
• When clearing a performer’s consent it is crucial to ensure that the consent will extend to all media in which it is desired to exploit that performance
• Should be in writing, though maybe implied from the circumstances
• Incidental inclusion
• Moral rights in performances as in copyright works
![Page 15: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/15.jpg)
Confidential information
• Information which is confidential to a business or an individual and not in the public domain
• No copyright in an idea
• Record the information in writing or other permanent form
• Protect the release of confidential information by contract
• Sign an NDA (Non Disclosure Agreement) or confidentiality undertaking BEFORE you release information about a project
![Page 16: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/16.jpg)
Formats• No copyright in a format - copyright in component parts. The more detail of
the format that is provided, the more there is capable of protection.
• Description of format – a literary work
• Illustrations
• Diagrams
• Set designs
• Music
• Catch phrases
• Look and feel
• Use of non-disclosure agreements/confidentiality agreements to protect by contract
• Making a pilot will often be the most effective way of protecting a format
![Page 18: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/18.jpg)
Defining and Securing Intellectual Property Rights in Film and Media
Tony Morris
![Page 19: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/19.jpg)
• IP is at the heart of all media productions
• Core asset of a media/production company
• Every production consists of works that are dependent on IP
• IP is an asset that has value, sometimes not perceived until too late
• Owning or controlling sufficient rights in IP is crucial for all those engaged in the creation, financing, management and exploitation of media productions
Why is Intellectual Property important?
![Page 20: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/20.jpg)
• Security IP right to use IP income derived from IP
• Who owns the IP? Who created it?
• Chain-of-title
• Contracts assignment licence
IP – Funder’s considerations
![Page 21: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/21.jpg)
• Cash to produce
• Integrity of the project/creative control
• Income
• Future projects existing works future/new works
IP – Producer/Creators’ considerations
![Page 22: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/22.jpg)
Where Intellectual Property is to be found
• Audio visual productions
• Written content; scripts and other material
• Photographs
• Drawings and other iconography
• Diagrams
• Musical compositions
• Sound recordings
• Formats
• Websites
• Software
• Publicity and advertising material
• Training material
• Trade/service marks (registered and unregistered)
• Brochures
![Page 23: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/23.jpg)
• Copyright
• Moral rights
• Performers’ rights
• Confidential information
• Trade marks
• Others
What is Intellectual Property?
![Page 24: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/24.jpg)
Species of intellectual property
Copyright
• Copyright – “…an original literary, dramatic, musical or artistic work …” Section 1 Copyright, Designs and Patents Act 1988
• Literary work includes software programme
• Sound recordings, films, broadcasts and cable programmes
• No copyright in an idea – only in the expression of that idea in a permanent form
• No copyright in facts
![Page 25: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/25.jpg)
Who is the first owner of copyright?
• Who is the first owner of copyright?
• The Author
• Works of joint authorship
• Works of an employee created in the course of employment belong to the employer
• Works made “for hire” (US concept)
• A copyright lasts for the life of author plus 70 years
• Sound recordings in EU now to be 70 years from date of first publication/communication to the public
• Copyright in a film or other audio visual programme expires 70 years after the death of the last of the 4 authors.
![Page 26: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/26.jpg)
Who is the author of a film?
• Writer
• Director
• Writer of dialogue
• Composer of music first written for the film
![Page 27: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/27.jpg)
Who owns the copyright in a film?
• Those making the arrangements for the production of the film/programme viz. the production company
Who owns a commissioned work?
• The author – unless or and until a formal assignment
• Ensure that the commissioner of a copyright is able to use works that it commissions by
• Written assignment• Written licence
• Otherwise - Licence as of right – extent may be uncertain
![Page 28: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/28.jpg)
Fair use
• Criticism or review: credit
• Incidental inclusion
• Reporting news and current events
• Research or study/educational purposes
• Parody
• First Amendment (US: free speech)
![Page 29: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/29.jpg)
Benefits of ownership
• No challenge to use
• Ability to prevent infringing users
• Use of adaptations and derivative works
![Page 30: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/30.jpg)
Moral Rights
• Paternity – the right to assert authorship
• Integrity –the right to prevent a derogatory treatment
• The continental approach – inalienable, irrevocable, perpetual
• The common law approach – a matter of contract
![Page 31: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/31.jpg)
Performers’ rights• What is a performance?
• Anyone giving a performance has a right in that performance
• Provide the possibility to prevent (1) broadcasting and communication to the public (2) fixation and (3) the reproduction of a fixation of a performer’s performance.
• When clearing a performer’s consent it is crucial to ensure that the consent will extend to all media in which it is desired to exploit that performance
• Should be in writing, though maybe implied from the circumstances
• Incidental inclusion
• Moral rights in performances as in copyright works
![Page 32: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/32.jpg)
Confidential information
• Information which is confidential to a business or an individual and not in the public domain
• No copyright in an idea
• Record the information in writing or other permanent form
• Protect the release of confidential information by contract
• Sign an NDA (Non Disclosure Agreement) or confidentiality undertaking BEFORE you release information about a project
![Page 33: Maximising the Value of Intellectual Property in Film and Media Saturday 27 October 2012 Presented by Tony Morris](https://reader030.vdocuments.site/reader030/viewer/2022032709/56649ebf5503460f94bc9a31/html5/thumbnails/33.jpg)
Formats• No copyright in a format - copyright in component parts. The more detail of
the format that is provided, the more there is capable of protection.
• Description of format – a literary work
• Illustrations
• Diagrams
• Set designs
• Music
• Catch phrases
• Look and feel
• Use of non-disclosure agreements/confidentiality agreements to protect by contract
• Making a pilot will often be the most effective way of protecting a format