Copyright 2012

Copyright 2012

• 1.
  Intellectual Property and CopyrightIssues Investigative Report Thursday 22nd November 2012
• 2.
  Part 1 What isIntellectual Property?
• 3.
  Intellectual Property Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
• 4.
  Intellectual Property IP isdivided into 2 Copyright: •literary and artistic categories:  works such as novels, Industrial property: poems and plays •films • inventions (patents) •musical works • trademarks •artistic works such as • industrial designs drawings, paintings, photographs and • geographic sculptures indications of source •architectural designs 
• 5.
  Why should we care? Copyright infringement is a serious economic crime.
• 6.
  Part 2 How canIP be protected by Copyright?
• 7.
  Introduction to UK Copyright Law http://www.youtube.com/watch? v=qc8YXIg82Q0&feature=share&list=PLXL0- lF_LimS27SFunITvpXDr_lyEp6mc
• 8.
  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
• 9.
  The 1988 Copyright,Designs and Patents Act (CDPA) It Covers  broadcast and public performance  copying  adapting  issuing  renting and lending copies to the public
• 10.
  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 1984 Trade Descriptions Act 1968 Proceeds of Crime Act (POCA) 2002  The Copyright and Related Rights Regulations 2003 Human Rights Act 1998
• 11.
  How and When? Copyright is an automatic right and arises whenever an individual or company creates a work
• 12.
  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.
• 13.
  Basically…
• 14.
  Examples:  Your ideafor 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.
• 15.
  So, Copyright occurswhen you have.. 1. Tangible form 2. Originality 3. Skill
• 16.
  However… Sound recordings, Literary, dramatic, films, broadcasts and artistic or musical typographic works need to classed arrangements of works as original to be do not need to protected demonstrate originality in order to be protected by copyright
• 17.
  What am Idoing 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.
• 18.
  Copyright Infringement  Joininga 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.
• 19.
  Is there atime limit? Duration: For literary, dramatic, musical or artistic works: 70 years Sound Recordings and broadcasts: 50 years Films:  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
• 20.
  Part 3 How doescopyright apply to digital media?
• 21.
  “every important storygets told, every brand gets sold, and every consumer gets courted across multiple media platforms” Henry Jenkins – Convergence Culture (2006)
• 22.
  The Internet Most digitalcontent 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.
• 23.
  Gowers Review (2008) Doesthe 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…
• 24.
  Part 4 What arethe penalties?
• 25.
  Penalties in theUK Upon 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
• 26.
  UK Music: Copyrightlaws relaxed http://www.youtube.com/watch? v=Cx56DgZWgF0&feature=share&list=PLXL0- lF_LimS27SFunITvpXDr_lyEp6mc
• 27.
  Gowers Review (2008) Thepenalty for a copyright offence depends on whether the infringement occurred online or not.
• 28.
  Gowers Review (2008) 1.Commercially deal in infringing goods or those who distribute goods  maximum penalty is ten years imprisonment 1. Online infringement by communicating the work to the public  two years imprisonment 1. Commercial showing or playing in public of a work  maximum of six months imprisonment or a level five fine
• 29.
  Using without Infringing Exceptions include: Making temporary copies Research or private study Criticism and Review Incidental Inclusion Instruction or Examination Moral rights Performance rights
• 30.
  A word aboutFair 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
• 31.
  A word aboutCreative 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
• 32.
  Now Over to you…
• 33.
  Coursework Investigative Report Describe keyintellectual 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?