Copyright 2012

Intellectual Property and

Copyright Issues

Investigative ReportThursday 22nd November 2012

Part 1What is Intellectual Property?

Intellectual PropertyIntellectual property

(IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Intellectual PropertyIP is divided into 2

categories:  Industrial property:• inventions (patents)• trademarks• industrial designs• geographic

indications of source

Copyright:•literary and artistic works such as novels, poems and plays•films•musical works•artistic works such as drawings, paintings, photographs and sculptures•architectural designs 

Why should we care?

Copyright infringement is a serious economic crime.

Part 2How can IP be protected by

Copyright?

Introduction to UK Copyright Law

http://www.youtube.com/watch?v=qc8YXIg82Q0&feature=share&list=PLXL0-lF_LimS27SFunITvpXDr_lyEp6mc

The 1988 Copyright, Designs and Patents

Act (CDPA) Protects creators of literary,

dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions

Gives rights to control ways their material is used

The 1988 Copyright, Designs and Patents

Act (CDPA)

It Coversbroadcast and public

performancecopyingadapting issuingrenting and lending copies to

the public

The 1988 Copyright, Designs and Patents

Act (CDPA) International conventions give protection in most countries, subject to national laws

Other Laws in use are: Video Recordings Act 1984Trade Descriptions Act 1968Proceeds of Crime Act (POCA) 2002 The Copyright and Related Rights Regulations 2003Human Rights Act 1998

How and When? Copyright is an automatic right and

arises whenever an individual or company creates a work

What?

To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement

Interpretation is related to the independent creation rather than the idea behind the creation.

Basically…

Examples: Your idea for a book would not itself be

protected, but the actual content of a book you write would be.

Someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so.

Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be.

In short, work that expresses an idea may be protected, but not the idea behind it.

So, Copyright occurs when you have..

1. Tangible form

2. Originality

3. Skill

However…

Sound recordings, films, broadcasts and typographic arrangements of works do not need to demonstrate originality in order to be protected by copyright

Literary, dramatic, artistic or musical works need to classed as original to be protected

What am I doing wrong?

It is an offence to perform any of the following acts without the consent of the owner:

Copy the work. Rent, lend or issue copies of the work

to the public. Perform, broadcast or show the work

in public. Adapt the work.

Copyright Infringement

Joining a file-sharing network and downloading unauthorized copies of copyrighted music for free.

Sharing unauthorized MP3 copies of a song on the Internet or through a file-sharing network.

Using a wireless router in your room; others may share illegal material through your router, giving the appearance that you are the guilty party.

Emailing copies of a copyrighted song to all of your friends.

Transferring copyrighted music using AIM or other instant messaging services.

Burning CD copies of music you have downloaded and then giving them to all your friends.

Is there a time limit?Duration:For literary, dramatic, musical or artistic works: 70 years Sound Recordings and broadcasts: 50 yearsFilms:  70 years If the work is of unknown authorship: 70 years Typographical arrangement of published editions: 25 years Broadcasts and cable programmes: 50 years Crown Copyright will last for a period of 125 years

Part 3How does copyright apply to digital

media?

“every important story gets told, every brand gets sold, and

every consumer gets courted across multiple media

platforms”

Henry Jenkins – Convergence Culture (2006)

The Internet

Most digital content found on the Internet will be protected by copyright.

A website will have its own copyright, but there will also be separate copyright in the domain name, title, sound effects, images and photographs and written content.

Gowers Review (2008)

Does the current IP infringement framework reflect the digital environment?Crimes committed in the online and physical world should not be subject to different sentences.

More on this later…

Part 4What are the penalties?

Penalties in the UKUpon conviction:

Magistrates court maximum term of incarceration is 6

months "level five" fine of £5,000

Crown court maximum term of incarceration is 10

years "unlimited" fine

UK Music: Copyright laws relaxed

http://www.youtube.com/watch?v=Cx56DgZWgF0&feature=share&list=PLXL0-lF_LimS27SFunITvpXDr_lyEp6mc

Gowers Review (2008)

The penalty for a copyright offence depends on whether the infringement occurred online or not.

Gowers Review (2008)

1. Commercially deal in infringing goods or those who distribute goods

maximum penalty is ten years imprisonment

2. Online infringement by communicating the work to the public

two years imprisonment

3. Commercial showing or playing in public of a work

maximum of six months imprisonment or a level five fine

Using without Infringing

Exceptions include:Making temporary copiesResearch or private studyCriticism and ReviewIncidental InclusionInstruction or ExaminationMoral rightsPerformance rights

A word about Fair Dealings

The owner has the exclusive rights to: Copy the work Issue copies of the work to the public Rent or lend the work to the public Perform, show or play the work in public Communicate the work to the public Make an adaptation of the work or do any

of the above in relation to an adaptation

A word about Creative Commons Licences

Increasingly, digital content is being made available under open content licences such as Creative Commons Licenses

These provide creators with the ability to pre-determine the terms of use of their digital creations, providing other users the ability to use the digital resources without having first to contact the rights holder

NowOver to you…

CourseworkInvestigative Report

Describe key intellectual property and copyright issues, related to digital technology and content creation.

What is intellectual property and how can this be protected by copyright, trademarks and patents?

Explain copyright law.How does copyright apply to digital

media? What are the penalties of copyright

infringement?