Copyright – 1h

Intellectual Property (IP) IP allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. IP can be interpreted differently by different countries IP is a complex area of law and an expert must be consulted if there is any doubt Universities are subject to copyright like anyone else – see http://www.patent.gov.uk/copy/tribunal/uukvcla.pdf and http://www.patent.gov.uk/copy/tribunal/tribnews4.htm

Four types of Intellectual Property: Patents Trademarks Designs Copyright

Patents Inventions New and improved products Processes that are capable of industrial application

Trademarks For brand identity Goods and services Allow distinctions to be made between different traders. Trade marks can be registered ® or unregistered ™

Designs Shape and appearance Functional Aesthetically pleasing Articles or surface decoration Pattern or ornament Design Rights can be registered or unregistered.

Copyright Literary and artistic material: Music Films Sound recordings Broadcasts Software Multimedia

IP: Implications for Web Design Any assets (e.g. images, sound, video, text) used in the web site must be cleared for correct use Protect any new assets and Intellectual Property generated by the project (e.g. novel graphics, sounds etc) Co-ordinate the issuing of any rights produced during the course of web site development

What is Copyright? (1) The legal protection extended to the owner of rights in an original work that he/she has created. This comprises of two main sets of rights: Economic rights - rights of reproduction, broadcasting, public performance, adaptation, translation, public recitation, public display, distribution… Moral rights - include the author’s right to object to any distortion, mutilation or other modification of his/her work that might prejudice his/her honour or reputation

What is Copyright? (2) Copyright is a form of intellectual property and, like physical property, can be bought and sold, inherited or otherwise transferred. A transfer of ownership may cover all or only some of the rights to which a copyright owner is entitled. First or subsequent copyright owners can choose to license others to use their works whilst retaining ownership themselves.

What is Copyright? (3) Copyright exists independently of the medium on which a work is recorded. So if you have bought a painting, you only own any copyright in it if that also has been transferred to you. Buying a book, CD or video does not necessarily give you the right to make further copies, or play or show them in public.

What Copyright Protects (1/2) Original literary works, Novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, some types of databases; Original dramatic works, including works of dance or mime; Original musical works; Original artistic works, Paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos;

What Copyright Protects (2/2) Published editions of works, The typographical arrangement of a publication; Sound recordings, which may be recordings on any medium, Tape or compact disc, and may be recordings of other copyright works, e.g. Musical or literary; Films, including videos, broadcasts and cable programmes.

Overseas Copyright Protection The UK is a member of several international conventions in this field, notably the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention (UCC). Copyright material created by UK nationals or residents is protected in each member country of the conventions by the national law of that country. Most countries belong to at least one of the conventions, including all the Western European countries, the USA and Russia.

What Copyright does not Protect Names, titles, slogans or phrases: These may be eligible for registration as a trade mark. Ideas: Although the work itself may be protected, the idea behind it is not. The work must be in tangible form to get a copyright. In some cases protection by a patent may be appropriate.

Obtaining Copyright What do I need to do to protect my creation? Nothing. Copyright is immediate, as soon as something that can be protected is created and "fixed" in some way, e.g. on paper, on film, via sound recording, as an electronic record on the internet, etc. This is an unregistered right - you don’t have to take any action

How long does Copyright last? Literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author Films: 70 years after the death of the last to survive of: director, composer(s) of the score, author(s) of the screenplay and dialogue Sound recordings, TV & radio broadcasts & cable programmes: 50 years from first broadcast Publisher’s right (typographical layout etc): 25 years (Applies only to works originating in the United Kingdom or another state in the European Economic Area)

Giving away Copyright The owner has the right to give the copyright away before its expiry date (placing copyright in the public domain). NASA allows its images collected from space to be used free - as long as they are not used in a way to suggest any endorsement (e.g. of a web-site) by NASA Royalty free clip art - can still be in copyright, with restrictions governing the use of material (e.g. you may not copy and sell the clip art CD) Creative Commons variations

Who owns Copyright? Usually the first creator or author…..or their employer if produced in the ordinary course of their employment A contractor retains ownership unless their contract explicit states otherwise Even if a creator sells their rights, they still have moral rights over how their work is used,

Subcontracting Work When commissioning a freelancer to produce a multimedia asset, the commissioner takes the copyright of the commissioned work under the terms of a contract. Many commissioning contracts include a clause waiving moral rights.

Enforcing Copyright Deliberate infringement of copyright may be a criminal offence. Inform police or local trading standards dept. Try to resolve the matter with the party you think has infringed your copyright (saves time & money) Obtain legal advice. Courts may grant a range of remedies, such as injunctions (to stop the other person making use of the material), damages for infringement, or orders to deliver up infringing goods.

The Internet - Copyright (1) Under UK law (other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. Web sites are regarded as cable programmes in relation to the licensing of music for them in the UK.

The Internet - Copyright (2) Anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material. Photocopying, scanning or downloading work to produce a physical or electronic copy, all involve copying the work so that permission to copy is generally needed.

Using copyright material Obtain the owner’s permission, usually done through one of several organisations, eg: Performing Rights Society (PRS). Mechanical Copyright Protection Society (MCPS). Equity Screenwriter’s Guild ...that act collectively for groups of copyright owners and issue a licence containing Conditions and Restrictions on use.) The fee: If copyright is administered by the owner – negotiate (you may get it free if you ask nicely) if copyright is administered by an organisation - less flexibility appeal if demands are unreasonable: possible to get an independent ruling at the Copyright Tribunal

Exceptions - “fair use”, “fair dealing”, “insubstantial portions” Certain limited use of works: research and private study criticism, review (or parody!) reporting current affairs judicial proceedings teaching include an acknowledgement Does not apply to film or music

Further Information: England E., Finney A. (2002). Managing Multimedia: Book 1 – People and Processes. Chaps 9 and 15. Harlow, England: Addison Wesley. The UK Patent Office: www.patent.gov.uk www.intellectual-property.gov.uk Data Protection www.dataprotection.gov.uk