Presentation on theme: "Relevance of Copyright & Related Rights for SMEs Copyright industries SMEs as user and/or owner/creator Basics and role of copyright Digital age."— Presentation transcript:
Relevance of Copyright & Related Rights for SMEs Copyright industries SMEs as user and/or owner/creator Basics and role of copyright Digital age
Copyright Industries The categories of works covered by copyright include: novels, poems, plays, reference works, newspaper articles, computer programs, original databases, films, musical compositions with or without lyrics, drawings, paintings, photographs, maps, sculptures, architectures, advertisements
Related Rights Rights related to copyright include rights of : performing artists in their performances producers of phonograms in their recordings broadcasting organizations in their radio and television programs
Different approaches for Copyright Industries Core Copyright Industries Non-core copyright Industries
Non-core copyright industries The non-core copyright industries refer to those in which part of their products or services are directly related to the creation and exploitation of copyrighted works
New conception of non-core copyright industries Interdependent copyright industries partial copyright industries non-dedicated support industries
B. SMEs as copyright users or owners & creators As copyright owners/creators, SMEs face specific problems where their impact is magnified because of the nature of the product they produce which is non tangible and the disadvantage of their small size.
SMEs as copyright owner/ creator Two forces affect SMEs as copyright owners in their business. No need for a relatively large capital to start their business with. The nature of the product in relation to their intangibility adds to their competitive disadvantage.
SMEs as copyright user The copyright core industries are heavily dependent on copyright products as inputs in their production process.
Since core industries are heavily dependent on copyright products, higher protection of IPRs implies a higher protection price, then Can lax protection of copyrights can be beneficial for SMEs working in those core industries ???
SMEs as copyright user Most businesses, although not directly involved in the copyright area, but they may print brochures or publish advertisements that might create or use any materials protected by copyright or related rights.
C. Basics and role of Copyright Enabling creators to legitimately seek and receive remuneration for use of their works giving entrepreneurs the opportunity to generate profits to be reinvested in tomorrows creation and distribution process providing an impetus for creators/owners to produce more works offering rights to control the use of works in the marketplace.
Copyright allows the creators or owners of rights to control the use of their copyrighted works in the marketplace by granting them economic and moral rights over the work by granting: economic rights moral rights
1.Copyright begins when a work is created or fixed in a tangible form. 2. No formalities required, but must be original, not necessarily unique or novel. 3. Copyright protection limited in time. 4. Works of nationals of the Berne Convention 5. Categories of information excluded from copyright protection or use of which exempted from infringement. 6.Fair use or dealing for educational or private purposes in terms of the nature of the work, amount of use, the effects of the use on the market, etc.
Whats important for SMEs before use Consult with a lawyer get permission or avoid using it identify owner negotiate terms and conditions find an intermediary
To make sure that subsequent dealings can be carried out without dispute, SMEs must Clarify the ownership of rights in a contractual agreement.
D. WIPO Internet Treaties & Digital Age Internet created new business opportunities by providing new business models; at the same time presented fundamental challenges not only to copyright industries, but also to copyright system itself.
the WIPO Copyright Treaty (WCT) the WIPO Performances and Phonograms Treaty (WPPT) These two Treaties set out a legal framework for safeguarding the interests of creators in cyberspace and open new horizons for composers, writers, artists and others to use the Internet with confidence to create, distribute and control the use of their works within the digital environment.
In the digital environment, SMEs should : Ensure any business- related activities of their staff comply with copyright law. Formulate and strictly monitor a policy against the installation & use of unlicensed programs on their computers.
Where there is a will, there is a way New technological measures of protection, such as access control mechanisms and copy protection systems are being created
Conclusion A strong IPR in this field will also have a positive impact on SMEs as users of copyrighted materials as long as the competitive behavior among producers is preserved. Only by so doing, can those materials protected by copyright and related rights be available in the marketplace at a reasonable and affordable price. The proprietors of SMEs will avoid of any possible conflict or even legal proceedings involving copyright or related rights infringement.
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