overview of copyright gary townley business outreach @the_ipo
TRANSCRIPT
Overview of Copyright
Gary Townley
Business Outreach @The_IPO
Intellectual Property Office
Executive Agency within Department of Business, Innovation and Skills (BIS)
1000+ staff based in Newport in South Wales, 20 based in Victoria, London
Our task is to help stimulate innovation and raise the international competitiveness of British industry through
Intellectual Property Rights (IPR)
Business investment has changed- in UK as elsewhere
IP
Fixed Capital
£ billion
Source EU COINVEST and Haskel et al
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
What is intellectual property?
Trade marks
Any sign which distinguishes your goods or services from that of another
Name, logo, colour, shape or combination
£170 for an application, lasts initially for 10 years
Should not describe the goods or services
Designs
Registered/ unregistered rights
Protects the outward appearance of the goods
Shape, contour, pattern or ornamentation
£60 for your first design
Does not protect materials, function or production method
Patents
State Inventor
A Bargain
FeesTechnical Description
Exclusive Rights20 years
Copyright
True or False
If it 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
Copyright
The Statute of Anne 1709
Scope increased to include engravings, prints, sculptures, dramatic works and musical
works
1956 – films, broadcasts and typographical arrangement
Copyright, Designs and Patents Act 1988
Copyright Conventions
Universal Copyright ConventionAdopted in 1952
An alternative for Countries that believed that Berne overly benefited Western developed copyright
exporting nations
Berne Convention - Accepted in 1886Works protected by national law irrespective of where
the work was created 163 Countries are parties to the Convention
CopyrightCriteria 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
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
What Copyright protectsBooks, 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
What Copyright does not protect
Works in the public domain - For example if the copyright has expired
Expression over ideas – copyright protectsthe expression of an idea, not the idea itself
Copyright Exceptions – covered later
Single words & Titles or Fact
Literary Works
• Novels• Newspaper Articles• Lyrics for songs• Instruction manuals• Training manuals • Software coding• Databases
Databases may also have separate protection
Dramatic Works
• Ballet• Mime• Plays• Capable of being performed
Musical Works
• Songs• Tunes• Jingles• Sonata• Film Score
Artistic Works• Paintings• Drawings• Sketches• Photographs• Maps• Engravings• Diagrams• Sculptures
Film
• Home videos• DVDs
A film may include multiple copyright works for example
The ScoreThe Screenplay
The Book from which the film is adapted Performance rights
Broadcasts & Sound Recordings
Electronic transmission of visual images
Any sounds, regardless of the medium on which it is made
CD, MP3, Sonogram, Vinyl, Tape
How long does Copyright last?Literary, musical, artistic & dramatic works:
author’s lifetime plus 70 years
TV & radio broadcasts: 50 years from first broadcastSound recordings: 70 years from first publication
Published editions(typographical layout):25 years from first publication
Films: 70 years after the death of the last of: director, composer of any music specifically created
for the film, the author of the screenplay and the scriptwriter
Uploading a work which is out of copyright to the internet may create new copyright so don't assume it is copyright-free if you
want to use it.
Database rights
Database right lasts for 15 years from making but, if published during this time,
then the term is 15 years from publication.
Economic Rights
Economic rights give the owner the opportunity to make commercial gain from their work
Reproduction rightDistribution right
The rental and lending rightThe performance right
The communication to the public rightThe adaption right
Moral Rights
Even if the 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.
•The right to be identified as author/director
• The right to object to derogatory treatment of a work
•The right to object to false attribution
I own copyright, what can I do with it?
. Assignment – This transfers either the full or partial
ownership of the copyright from the author to the assignee
Licence – A licence gives someone permission to do the acts which the copyright owner is entitled to authorise or prohibit without infringing copyright
Examples of Licensing
. Exclusive licence – gives licensee the
copyright to the exclusion of all others
Limited use licence – a photograph may grant a newspaper the right to use a photo. However the photo could be used again by
another user for another fee
Creative commons licence – Some owners prefer to allow limited access to their work without charge
Who owns Copyright?
Usually the first creator or author...
…or their employer if produced in theordinary course of their employment
However, a contractor will retain ownershipunless their contract is explicit to the contrary
Even if the creator sells their rights, they have‘moral rights’ over how their work is used
Who owns copyright?
Taken by 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.
Sam Smith vs Tom Petty
Tom Petty will receive 12.5% of the songs profits
If there is more 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.
“Happy Birthday to You"
• The most recognised song in the English language.
• The melody of "Happy Birthday to You" was written and composed by American sisters Patty Hill (27/03/1868 to 25/05/1946) and Mildred Hill (27/06/1859 to 05/06/1916) in 1893.
• The combination of melody and lyrics in "Happy Birthday to You" first appeared in print in 1912, and probably existed even earlier.
• In 1990, Warner Chappell purchased the company owning the copyright for U.S. $15 million, with the value of "Happy Birthday" estimated at U.S. $5 million.
• Unauthorized public performances of the song are technically illegal unless royalties are paid to it.
• In the UK copyright in the song will expire 31 December, 2016 (70 years after the death of Patty Hill.
Crown Copyright
Material produced by a servant or officer of the Crown in the course of their duties
50 Years from first broadcast or publication
Primary Infringement
Any of the following without the consent of the rights owner
Copying / Reproducing Adaptation
Distributing Lending or renting
Public performance
IGNORANCE IS NO DEFENCE
Communication to the public
Making available
Jacobus Rentmeester staged and shot a photograph for US magazine Life as part of a special edition for the 1984 Summer Olympics in Los Angeles
Nike paid Rentmeester $15,000 for a limited licence to use the image for 2 years
Nike continued to reproduce the photo after that two-year period elapsed and used it to create its ‘Jumpman’ logo
Secondary Infringement
Any of the 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
‘Exceptions’- permitted actsThere are a number of limited exceptions to
copyright, which allow works to be used without the permission of the copyright owner.
Exceptions exist for the following purposes:
Private study Research
News reporting Some official reports
Education, libraries
‘Time-shifting’ of broadcasts
Incidental inclusion
Visual impairment
Locating the copyright ownerThe author or their heirs
The author’s employer or Anyone else own the rights
A collecting society
To located these you could
Contact the appropriate collecting societyContact the author’s publisher
Search on the internetSearch for a member of the author’s family
Use “WATCH” – (Writers, Artists and Their Copyright Holders)
Remedies
Injunctions – prohibiting an act or ordering an act
Delivery up – an order that the infringing copies are given to the plaintiff
Accounts (of profits) – prevent unjust enrichment of the defendant
Damages – Putting the plaintiff in the positionhe would have been had the tort not been
committed
Copyright for Business
Mark work 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
Collecting Societies
PRS for MusicPhonographic Performance Limited (PPL)
Video Performance Limited (VPL)Authors Licensing and Collecting Society (ALCS)
Copyright Licensing Agency (CLA)Newspaper Licensing Agency (NLA)
The Design and Artists Copyright Society (DACS)
Rights administered for the benefit of authors/owners
The Copyright Tribunal
Harry Beck 1933
How to get copyright protection
• No official register, no forms, no fees• Special delivery post, date stamped and
unopened• Lodge the work with a solicitor/IP specialist• Unofficial registers
Unofficial registers
• Costs – one off, regular payments, per item?• Help with infringement or just recordal?• Better than your own evidence?
Note: registration does not prove ownership, only that the work existed
Orphan works• Diligent search before something can be used as an orphan work is key to the
scheme.
• Commercial and non-commercial uses of orphan works in the UK will both be permitted.
• This permission should come at an appropriate price – a market rate, to the extent that one can be established.
• This price should be payable in advance (or at agreed times if there is a royalty element).
• Licences will, necessarily, be non-exclusive.
• Moral rights should be respected and protected.
• The deliberate stripping of metadata to ‘orphan’ works is already potentially subject to criminal sanctions and the Government will maintain that position to deter such behaviour.
Orphan works• There will be a registry of orphan works.
• Works of unknown copyright status, such as where the work is over 70 years old and the date of death of the author is unknown, will be within scope of the scheme.
• A large part of the collections of museums, libraries, and archives are unpublished, unique works, the Government is minded to include some unpublished works in the scope of the scheme.
• The scheme will not take the form of an exception to copyright, but will be based on authorisation by an independent body.
• The UK scheme will be compatible with the emerging European system
Orphan works licensing scheme
• from October 2014. It will be a licensing scheme run by the IPO, supported by an electronic register so that right
holders can be reunited with their works
Personal copying for private use
• Allowing you to make personal copies to any device that you own, or to a personal on line storage medium.
• Still illegal to give other people access to the copies you have made or the personal storage medium.
• This includes CD’s , Films, DVD’s, e-books but excludes computer programs.
• If you give away or resell media, the copies will infringe and should be deleted
Quotation
• Allowing quotations to be used more widely as long as it falls within “fair dealing”
• Each case will depend on the specific facts
• The use of a title and short extract from a book in an academic article may be permitted
• Authors, academics and bloggers may benefit
Parody, caricature and pastiche
• Limited uses of copyright material for the purposes of caricature, parody or pastiche without having to obtain permission of the rights holder.
• Must be considered fair and reasonable (fall within the scope of fair dealing)
• Does not affect the right of the owner to object to derogatory treatment of the work.
What is fair dealing?
• A legal term used to establish whether the use of the work is lawful or infringing.
• No statutory definition, each case will be considered
Factors include:
• Does the work affect the market of the original work, loss of revenue etc
• Is the amount taken reasonable and appropriate
•A free, interactive e-learning tool, 4 short Modules•Helping advisors increase their knowledge in identifying IP assets•IPO certification on completion
•A basic overview of IP at your fingertips at anytime•Portable pocket solution to help top up your IP knowledge•Download from the Apple store iTunes & the Android app store
•Free and confidential online diagnosis tool•Help your business grow through Licensing, Exploiting & Franchising•Identifying and adding value to your IP assets
•A series of free business guides to understanding IP •Explaining the different types of IP rights & how to protect them•A great starting point for those beginning their IP journey
•Accredited interactive course with in depth training on IP•Available in person and online (coming soon)•Study Guides and downloads
Gov.uk/ipo - 0300 300 [email protected]
IP Healthcheck
Free online diagnosis
Patents, Trade marks, Designs & Copyright
International Trade marks
Licensing and exploiting your IP
Confidential Information
9 On line IP Healthchecks
