1. IP for MBA Students from IIPM
Intellectual Property and harnessing Creativity in Creative Industries
Geneva, June 2006
Christopher M. Kalanje, Consultant,
Creative Industries Division, WIPO

2. What is Copyright
 Grants authors, composers, and other creators legal protection for their literary and artistic creations (‘works’)
 Gives ‘bundle’ of exclusive rights, which allow owners to control the use of their original works in number of ways and to be remunerated
 Also provides ‘moral rights’ which protect the author’s reputation and integrity.

3. Copyright Works Films Literary Dramatic Photographic Music Artistic
Satellite photo of Slovenia + Photo Ljubliana
Music
Artistic

4. Copyright and Business
Computer programs
Content on websites
+ ‘look and feel’
Product catalogs
Artwork and text on product literature

5. Copyright and Business
Artwork and text on labels and packaging
Marketing and advertising materials
(on paper, billboards, websites, accounting forms)

6. Copyright and Business
Sales training program captured on videocassette
Newsletters
Instruction sheets, operating manuals for machines, maintenance manuals
Technical drawings, diagrams, maps
Some types of databases

7. Moral Rights cannot be transferred
A Bundle of Exclusive Rights
Economic Rights
Reproduce or make copies
Distribute to public
Sell, rent*, lend*
Display or perform to public
Adapt and translate
Make available on the Internet
Moral Rights
Right of paternity: acknowledgement
Right of integrity: object against mutilation and/or distortion
Moral Rights cannot be transferred
Assignment or License
* Generally applies only to certain types of works: Cinematographic works, musical works, or computer programs.

8. What are Related Rights?
Rights of broadcasting organizations
in their radio and television programs and in Internet broadcasts such as ‘podcasts’
Rights of producers of sound recordings
(phonograms)
in their recordings (cassette recordings, compact discs, etc.)
Rights of
performers
actors
musicians
singers
dancers
or generally people who perform

9. What are Related Rights? contd.
Related rights would apply to ..
the broadcast program
of the organization that
produces the program
containing the song
the performances of
the musicians and singers
who perform the song
the sound recording of the
producer in which the
song is included

10. Copyright
Term of protection: Generally speaking: - Life author + 50y - Exceptions
Automatic
Copyright subsists worldwide: Berne Convention
heirs
So why register?
But national
law applies

11. What is not protected? Ideas or concepts Facts or information
E.g., instruction manual that describes system for brewing beer
Facts or information
Historical, news, scientific, biographical
E.g., biography
Government works
Statutes, judicial opinions, etc

12. What is not protected Names, titles, slogans, short phrases
But advertising slogan may be protected under TM
Artistic logo may be protected under CR
Nike
World Police and Fire Games, Québec

13. What is not protected? Works of applied art ?
Protection differs greatly from country to country
Overlap with industrial designs

14. Importance of Creative Industries
Cultural and social force for society
Empower people
Values individual creativity and diversity
Many products have public-goods characteristics
Fuels creative capital and creative workers
Changing role of author, creator, artist

15. Importance of Creative Industries
Economic multipliers ‘ripple-effect’
Support urban regeneration
Creates employment
New approaches to businesses
Industry cluster
New high-growth sector (accounts for large share of nation’s GDP)
Entry to global markets

16. Creative Industries contd.
- Relatively new
- Closely linked to cultural
industries. Sometimes
used interchangeably
- Broader than cultural
industries.Goes beyond
performing arts and
handicrafts
Creative Industries

17. Creative Industries contd.
From Cultural to Creative Industries
Coining of the term cultural
industry (critique to mass production
of cultural products)
- 1970s and 1980s. A positive view
different from Adorno & Horkheimer.
- UNESCO work on cultural industries
- 1990s-current. Wide use of term
creative industries

18. Creative Industries contd.
- Australia
- Austria
- Hong Kong
- New Zealand
- Singapore
- USA
(core copyright
industries)
Creative Industries
Definitions

19. Creative Industries contd.
Late 1990s UK department for culture, media and sports (DCMS) established creative industries unit and task force
UK definition “those industries that have their origin in individual creativity, skill and talent and which have a potential for wealth and job creation through the generation and exploitation of intellectual property”*
* Creative industries mapping document 2001

20. Creative Industries contd.
Advertising; Architecture;
Art and Antiques Market;
Crafts; Design;
Designer Fashion;
Film & Video;
Interactive Leisure Software;
Music; Performing Arts;
Publishing;
Software and
Computer Services;
Television & Radio
UK Creative Industries

21. Creative Industries contd.
Demand side
Price inelastic and income elastic
Consumption patterns- unpredictable, quality consideration, focus on superstars
Demand on local products- often insufficient
The supply side
High fixed costs for creation/ low marginal cost of delivery
Low entry barriers

22. Creative Industries contd.
Copyright
Industries
Content
Industries
Cultural
Industries
Digital
content
-- largely
characterised
by nature of
labour inputs:
“creative individuals”
-- defined by
nature of asset
and industry
output
-- defined by
industry
production
-- defined by
public policy
function and
funding
-- defined by combination of technology and focus of industry production
Examples ...
Pre-recorded
music
Music retailing
Broadcasting
& Film
Software
Multimedia
services
Examples ...
Museums &
galleries
Visual arts &
crafts
Arts education
Broadcasting &
film
Music
Performing arts
Literature
Libraries
Examples ...
Commercial art
Creative arts
Film and video
Music
Publishing
Recorded media
Data processing
Software
Examples ...
Advertising
Architecture
Design
Interactive
Software
Film and TV
Music
Publishing
Performing arts
Examples ...
Commercial art
Film & video
Photography
Electronic games
Recorded media
Sound recording
Information
storage & retrieval
Source: Cutler & Co/CIRAC, 2003, (see papers by Stuart Cunningham) --

23. Creative Industries contd.
Clarity is needed on concept, definition and criteria of creative industries at,
International level
National level
Important to focus on specific local, regional and national context
Importance of IP in the development and success of creative industries should be highlighted

24. WIPO Contribution Shift in the demand from member-states
WIPO focus on the central role of IP as an important tool for social development, economic growth and wealth creation
Necessity of assisting developing countries measure the contribution made by IP to their national economies

25. WIPO Contribution contd.
- The need for
measurement
Basis for policy options
Comparability across
sectors and countries
An indicator of
competitiveness
Need to evaluate
contribution of CI

26. WIPO Contribution contd.
Studies in United Kingdom, Australia, U.S.A, New Zealand show significant economic contribution of creative industries

27. WIPO Contribution contd.
The challenge
Difference in methodology, use of terminology/concepts, scope etc. Made international comparison difficult
Need to have a guide which could facilitate comparative analysis
To establish a basis for comparison of future surveys built on reliable data and common methodologies

28. WIPO Contribution contd.
The Guide provide
proposals on,
- How to organize relevant
information
- How to structure the research
- What measurements to
use and How to present
the analysis
Guide on
Surveying
the economic
contribution of the
copyright-based
industries

29. WIPO Contribution contd.
The guide addresses three main indicators of the size of the copyright-based industries
The value added,
Employment and
Foreign trade generated by them

30. WIPO Contribution contd.
Outlines methodology of a survey
Justifies the choice of indicators
Describes their characteristics and
Elaborates on existing approaches to their measurement.

31. WIPO Contribution contd.
The guide suggests that the measurement procedure should comprise the following steps;
Identification and classification of copyright-based industries
Collection of relevant data (statistical data)
Measurement of the contribution of the copyright-based industries
Analysis and presentation of the survey results

32. Thank you for your kind attention
Finally
Thank you for your kind attention