Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Copyright and related issues for SMEs Vivien Irish Consultant Patent Attorney

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Copyright works

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Literary copyright I Earliest dispute in AD 460, an Irish monk, later Saint Columba, copied a collection of religious writings. The King held this was wrong. Over 1000 years later, first copyright laws were enacted.

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Turkish Copyright Law (Act 5846) amended in 1995 Berne Convention 1886 TRIPS – Trade Related aspects of Intellectual Property rights – recognises that Berne provides adequate basic standards of copyright protection

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 TRIPS confirms that copyright :- - applies to expression not ideas - lasts at least life of author + 50 years - covers computer software

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Literary Copyright II Books, letters, reports, any words on paper or screen - provided they are original, but no test for literary merit Computer software is a literary work Compilations and databases are protected in a similar way to copyright (WIPO Copyright Treaty 1996)

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Artistic Copyright drawings, paintings, sculptures, works of artistic craftsmanship, architectural works provided they are original, no test for artistic merit

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Other copyright works films, sound recordings, broadcasts, cable programmes, music, plays, typefaces, typographical editions

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Exclusions from copyright Ideas, discoveries, methods or principles of construction, illegal or immoral works

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 How and how long? Protection is automatic, no registration Turkey – 70 years from publication WIPO – life of author + 50 years Some countries – life of author + 70 years

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Author and owner in Turkey Person who writes or draws or composes is the author If that person is an employee, the employer owns copyright If that person is a freelance, the author owns copyright If that person works under a commission, the person paying the fee owns copyright

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Marking © Vivien Irish 2004 Copyright Copr. In Turkey, marking is compulsory for some products, eg videos, films, musical works

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Scope of protection Owner of copyright can stop others from :- using or copying the work importing, selling, hiring, distributing infringing copies providing means to make infringing copies MUST show that there has been copying

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Not infringement - copying or use privately - copying for commercial research - reporting current events - criticism or review plus educational exceptions

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Remedies Civil or criminal offence Civil – injunction to stop the misuse, payment of damages Criminal – fine and-or imprisonment

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Moral Rights Paternity right – the right to be named Integrity right – the right to object to distortion or mutilation of the work False attribution – the right to prevent false naming Privacy right – for photographs, the photographer owns the copyright but the person in the photograph can control its publication

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Computer programs I “buying” software = paying for a copyright licence, to load the program onto a PC, to run the program on the PC Licence sets out what is permitted eg load on only one PC eg load onto a network of x PCs

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Computer programs II “ Shrinkwrap” licence software packaged in transparent film licence terms visible through the film breaking the film = accepting the licence “Clickwrap” licence software distributed via Internet before download, licence terms displayed clicking box for “yes” or “accept” means the licence terms apply

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Success through copyright (1) 20/20 Speech Ltd, Malvern, England Formed in 1999 Derived from MOD Speech Research Unit Works with speech processing software

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 Success through copyright (2) Exclusive patent licence from MOD Plus its own patent rights developed later Trademark “AURIX” assigned from MOD Develop and supply speech synthesis and speech recognition software Supply consultancy to MOD

Vivien Irish, Patent Attorney, WIPO and TPI, January /20 Software products (1) Speech recognition – in cars and PCs low memory solution Text-to-Speech synthesis software – for PDAs and low memory portables Speech recognition – align text and audio, eg for legal transcripts

Vivien Irish, Patent Attorney, WIPO and TPI, January /20 software products (2)

Vivien Irish, Patent Attorney, WIPO and TPI, January /20 Speech licences Copyright licenses: 1.20/20 to supplier, supplier sells access time 2. 20/20 to supplier, supplier to end user for one-off license fee, end user loads PC or PDA 1+2. Conditions - supplier agrees to use TM Aurix® and not to change the software

Vivien Irish, Patent Attorney, WIPO and TPI, January /20 speech success Since 1999 and with 27 staff: 14 licences granted 5 in USA, 7 in UK, 1 in Japan, 1 in Australia Commercial income doubled in 2002/03

Vivien Irish, Patent Attorney, WIPO and TPI, January 2005 The end thank you