1 look-here! project meeting: copyright introduction to intellectual property rights bernard...
TRANSCRIPT
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Look-here! Project Meeting: Copyright
Introduction to Intellectual Property Rights
Bernard Horrocks
© Naomi Korn Copyright Consultancy 2010
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Intellectual Property Rights – an overview
• Designs• Patents• Trade Marks• Copyright• Confidence laws
All protect different kinds of intangible assets
© Naomi Korn Copyright Consultancy 2010
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Copyright• An exclusive property right allowing the holder to:
control copying
of certain kinds of (usually creative) work
for a limited period
• Governed in the UK by the Copyright, Designs and Patents Act 1988 (as amended)
• Each country has its own copyright law; reciprocal international agreements also exist
© Naomi Korn Copyright Consultancy 2010
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Works protected by copyright under UK law
1. Literary works
2. Dramatic works
3. Musical works
4. Artistic works
5. Films
6. Sound recordings
7. Broadcasts
8. Typographical arrangements
© Naomi Korn Copyright Consultancy 2010
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What is copying?1. Reproduction2. Distribution3. Rental / lending / hiring4. Performance5. Communication to the public6. Adaptation
• These are sometimes known as the ‘restricted acts’ or ‘economic rights’
• Economic rights contrast with ‘moral rights’, which protect the creator’s reputation and integrity of the work
© Naomi Korn Copyright Consultancy 2010
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How long does copyright last?• If the creator is known, for the creator’s lifetime plus the end
of 70 years after they die.
• If the creator is unknown, 70 years from creation or first publication.
• Duration varies for different kinds of work and also according to who produced it.
© Naomi Korn Copyright Consultancy 2010
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Ownership• Creator is usually first owner BUT there are important exceptions.
• Employees (contract of service): if the work is created as part of the employee’s usual role, copyright usually rests with the employer.
• Non-employees (contract for services): copyright rests with the creator. NB: this may apply to freelancers, consultants, volunteers, placement staff, interns etc.
© Naomi Korn Copyright Consultancy 2010
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Exceptions: UK• ‘Fair dealing’ copying for non-commercial research and private study
• ‘Fair dealing’ copying for criticism, review and news reporting
• Incidental inclusion of a work within another
• Reproducing an ‘insubstantial part’ of a work (quality and quantity need to be addressed)
• Reproducing a work by an unknown creator when it is reasonable to assume that copyright has expired
• NB: Differences between UK ‘fair dealing’, US ‘fair use’, and other jurisdictions
© Naomi Korn Copyright Consultancy 2010
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Designs• Protect the shape, configuration, pattern, line, contours, colours,
texture or materials of an artefact: basically its ‘eye appeal’
• Protected in the UK by the following:
1) Design right (arises automatically; lasts a maximum of 15 years)
2) Registered designs (needs to be applied for [stricter thresholds]; lasts a maximum of 25 years)
3) Artistic copyright (including ‘works of artistic craftsmanship’)
© Naomi Korn Copyright Consultancy 2010
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Further resources
• Naomi Korn Copyright Consultancy www.naomikorn.com• JISC funded Web2Rights www.web2rights.org.uk• Strategic Content Alliance IPR and Licensing Toolkit
http://sca.jiscinvolve.org/ipr-publications/• Collections Link www.collectionslink.org.uk• UK Intellectual Property Office• Naomi Korn, A Practical Guide to Copyright, 2010• Tim Padfield, Copyright for Archivists, 2010• Flint, Fitzpatrick & Thorne, A User’s Guide to Copyright, 2006
© Naomi Korn Copyright Consultancy 2010
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Bernard HorrocksIntellectual Property Consultant
www.naomikorn.com
© Naomi Korn Copyright Consultancy 2010