wipo-aripo sub-regional training of trainers program for effective ip asset management by smes...
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WIPO-ARIPO SUB-REGIONAL TRAINING OF TRAINERS PROGRAM FOR EFFECTIVE IP ASSET MANAGEMENT BY SMEs
ASSISTING SMEs ON HOW THEY CAN BENEFIT FROM THEIR COPYRIGHT AND THE USE OF COPYRIGHT WORKS OF
OTHERS IN THEIR BUSINESS
26-28th November 2014Harare, Zimbabwe
Keitseng Nkah MonyatsiCopyright Officer
Presentation Outline
• Introduction;• Creative Industries;• SMEs benefiting from their copyright; • SMEs using copyright works of others;• Summary: Issues to consider when training
SMEs on copyright as it relates to their businesses;
• Conclusion.
Introduction: Pillars of an effective Copyright System
Generalized view on the National Copyright Environment of ARIPO member states
Copyright Value Chain •Economic diversification
•Job creation
•Poverty alleviation •Education (knowledge creation, sharing and transfer)
•Tax revenue
•Attraction of FDI
•Further investment into creativity
Realisation of economic benefits of Cultural Industries
• What are Copyright Industries; Industries that produce tangible and intangible creative
works; They produce knowledge and products that have
cultural and social meaning;Exploitation of works has potential to generate wealth;
• Terms such as Cultural Industries, Copyright-based Industries, Copyright Industries and Creative Industries are used interchangeably.
Copyright Industries
• Core Copyright IndustriesIndustries that are wholly engaged in the creation,
production, manufacturing, distribution, broadcasting, performance of copyright protected works;
Examples; Book publishing, music, theatre, computer software, audio-visual works, broadcasting etc.
• Interdependent industries Products that are consumed with those in the Core
Industries or those that deal with facilitating equipment;
Examples: manufacture and distribution of televisions, radio, CD recorders, computers, musical instruments, photocopying machines, etc.
Categories of Copyright Industries….
• Partial Copyright IndustriesOnly a small part of the production output is linked to
copyright and related rights; Examples: Architecture, furniture, restaurants etc.
• Non-dedicated Support IndustriesThe industries remotely depend on copyright protected
works but these works contribute a part of their business;Examples: telephones, transportation, internet etc
Categories of Copyright Industries ….
Copyright Industries: Economic Contribution • Economic importance of copyright industries in countries which are
major creators of copyright material has been well documented.
• All studies carried out so far show a considerable contribution of the industries to the national wealth.
• Copyright industries rank in size with other major conventionally defined industries in those countries.
• Represent the fastest growing sector in some countries
• Create considerable employment
• Contribute to increasing levels of exports and imports
• Increase in national GDP.
Country GDP Employment
USA 11.01% 8.51%
Australia 10.3% 8%
Hungary 7.42% 7.28%
Malaysia 5.61% 7.6%
Kenya 5.32% 3.26%
South Africa 4.11% 4.11%
Colombia 3.34% 5.80%
Malawi 3.46% 3.35%
Peru 2.67% 4.50%
Tanzania 4.56% 5.63%
Averages:
GDP = 5.4%
Employment = 5.9%
Source:
WIPO Studies on the Economic Contribution of Copyright Industries 2012 & 2014
Copyright Industries: Examples of Contribution
CMO Status on Collections 2011
Collections (US$)2012
Collections (US$)2013
Change in Collections
COSBOTS No - 92, 375.00 +92, 375.00CSG N/A - - -ARSOG N/A - 116.25 +116.25CopyGhana NI 40, 381.22 250, 568.00 +210, 186.78GHAMRO NI 666, 198.94 1, 028, 982.80 +362, 783.86MCSK NI 2, 970, 708.80 3, 109, 669.70 +138, 960.90KAMP Yes 60, 353.00 185, 776.00 +125, 423.00PRISK Yes 98, 206.93 302, 693.92 +204, 486.99COSLIB N/A - - -COSOMA Yes 193, 117.00 251, 170.00 +58, 053.00SOMAS NI 32,821.00 24, 778.00 -8, 043.00NAMRRO N/I - - -NASCAM Yes 327, 408.78 375,924.18 +48, 515.40
RSAU N/A - -KOPITAN No - - -COSOTA NI 115, 873.81 88, 464.29 -27, 409.52COSOZA NI Need clarity Need clarityURRO No - - -UPRS NI 65, 974.11 70, 700.02 +4, 725.91ZAMCOPS Yes 214, 013.00 248, 727.00 34, 714.00ZARSO No NI NI NIZIMURA Yes 1, 002, 013.00 1, 217, 880.00 +215, 867.00ZIMCOPY No - - -
CMO Status on Distribution2011
Distributions(US$) 2012
Distributions(US$)2013
Change in Distributions
Distribution intervals
COSBOTS No - 64, 625.00 +64, 625.00 Twice a yearCSG N/A - - - NIARSOG N/A - 0 0 Likely Twice a yearCopyGhana NI 5,263.00 105,293.00 +99, 976.00 Annually GHAMRO NI 890, 097.00 271, 668.00 -618, 429.00 Twice a yearMCSK NI 637, 491.80 1, 097, 379.60 +459, 887.80 Varies KAMP No 7, 601.00 68, 182.00 +60,581.00 Annually KOPIKEN Yes NI NI - NIPRISK No 0 66, 068.00 +66, 068.00 Annually COSLIB N/A - - - N/ACOSOMA Yes 135, 182.00 251, 117 +115,935.00 Varies SOMAS NI 22, 975.00 19, 369.00 -3, 606.00 Annually NAMRRO NI 0 0 0 N/A NASCAM Yes 71, 428.69 129, 174.00 +57,745.31 Twice a yearRSAU N/A 0 0 0 N/AKOPITAN No 0 0 0 NICOSOTA NI 81, 111.67 61, 925.00 -19, 186.67 Varies COSOZA NI Need clarity Need clarity Twice a yearURRO No 0 0 0 N/AUPRS NI 18, 498.35 28, 280.01 +9, 781.66 AnnuallyZAMCOPS Yes 95, 264.00 155, 927.00 +60, 663.00 Twice a yearZARSO No NI NI - NIZIMURA Yes 579, 096.00 625, 829.00 +46, 733.00 AnnuallyZIMCOPY No 0 0 0 N/A
SMEs Benefiting from their Copyright
• Creation of works and ownership of copyright;– SME needs to be aware of legal requirements to acquire
copyright protection e.g. Does the law require fixation of the work on a tangible medium;
• Options for exploiting copyright protected works; – SMEs deals and uses its own copyright protected works; – SMEs licensing their works;– Assignment of works.
• SME needs to police and enforce its copyright.
Using the Copyright Works of others • Compliance with the national copyright law;
• Acquiring rights in a copyright protected works ;
• Acquiring licences through collective management organisations or directly from rightholders;
• Participation in creative industries through dealing with copyright protected works; e.g. distribution of creative works, offering services to entities involved in the creative industries etc.;
Opportunities for SMEs in Africa• Creation of copyright works does not always require
academic training. Creation of some works merely requires talent;
• Protection of copyright is free of charge;
• Growing recognition of the contribution of SMEs to economic development, growth and diversification;
• Culture and traditional cultural expressions– a rise in acceptance and consumption of cultural products; cultural tourism etc;
Opportunities....
• A youth cultural entertainment group in Harari, Ethiopia.
• Benefited from MDG Culture Programme;
• Now earning money and introducing the local tradition to a wider audience.
• (Photo: UNDP Ethiopia)
http://www.undp.org/content/undp/en/home/ourwork/povertyreduction/successstories/in-ethiopia--cultural-crafts-help-lift-families-out-of-poverty-/
Opportunities.....
Summary: Issues to Consider in Training SMEs • Assess and understand SMEs being trained; their businesses and identify
applicable and potential copyright industries they can benefit from;
• Problem analysis;
• Demystify the subject of copyright and related rights;
• Have, and create an awareness of the national copyright policies and laws;
• As a trainer, appreciate and impart knowledge about the role of creative industries in socio-economic and cultural development and growth;
• Emphasise the importance of legal access and use of copyright protected materials;
Summary..... • Seek and avail additional sources of information;
• Engage other stakeholders for the SMEs being trained;
• Avail information about options for exploitation of copyright protected works;– Licensing (individual and collective management of
rights) and assignment of works.
• Gather and share information about other SMEs in related fields from within the country, and other countries;
Summary....• Encourage SMEs to pool resources together to facilitate access to
common services for the management and enforcement of their copyright and related rights, e.g. getting expert advice when negotiating licenses, drafting license agreements and assignments;
• Develop, and/or assist and advise on the development of basic documents e.g. SMEs in software development may consider binding their employees to confidentiality agreements etc;
• As an SME trainer on copyright, be an active player in the development and growth of your national copyright system;
• Monitoring and evaluating the impact of trainings that were undertaken.
Conclusions• Lack of knowledge about copyright and related
rights can serve as a hindrance to the attainment of the potential benefit that SMEs can derive from their own copyright protected works, and from the use of others’ works;
• Creative works have potential to contribute towards economic development and growth;
• Trainers of SMEs need to be systematic in carrying out capacity building initiatives.
