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

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Presentation on theme: "IP for MBA Students from IIPM Intellectual Property and harnessing Creativity in Creative Industries Geneva, June 2006 Christopher M. Kalanje, Consultant,"— Presentation transcript:

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 authors reputation and integrity.

3 Literary Films Dramatic Music Photographic Artistic Copyright Works

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 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 * Generally applies only to certain types of works: Cinematographic works, musical works, or computer programs. Assignment or License Moral Rights cannot be transferred

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

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 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 NikeWorld 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 nations GDP) –Entry to global markets

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

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

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

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. UK Creative Industries 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

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. CreativeIndustries -- largely characterised by nature of labour inputs: creative individuals Examples... Advertising Architecture Design Interactive Software Film and TV Music Publishing Performing arts CopyrightIndustries -- defined by nature of asset and industry output Examples... Commercial art Creative arts Film and video Music Publishing Recorded media Data processing Software Content Industries -- defined by industry production Examples... Pre-recorded music Music retailing Broadcasting & Film Software Multimedia services Cultural Industries -- defined by public policy function and funding Examples... Museums & galleries Visual arts & crafts Arts education Broadcasting & film Music Performing arts Literature Libraries Digital content -- defined by combination of technology and focus of industry production 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. Need to evaluate contribution of CI - The need for measurement Basis for policy options Comparability across sectors and countries An indicator of competitiveness

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. Guide on Surveying the economic contribution of the copyright-based industries 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

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 Finally

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