School of Computer Science & Information Technology G6DPMM - Lecture 13 Intellectual Property Rights

Intellectual Property IPR Protects all owners of Intellectual Property IPR Protects all owners of Intellectual Property (eg in multimedia owners of media, developers and publishers) (eg in multimedia owners of media, developers and publishers) UK / International Law UK / International Law International : Berne Convention for the Protection of Literary and Artistic Works ( ) International : Berne Convention for the Protection of Literary and Artistic Works ( ) UK : Copyright, Designs and Patents Act (1988) UK : Copyright, Designs and Patents Act (1988) Areas of IPR: Areas of IPR: Patents Patents Copyright Copyright Moral rights Moral rights

Patents Patent laws protect ideas Patent laws protect ideas Least relevant aspect of IPR to multimedia Least relevant aspect of IPR to multimedia Software innovations (eg compression algorithms) Software innovations (eg compression algorithms)

Copyright “The expression of an idea in material form” “The expression of an idea in material form” Copyright is property, and may be bought or sold. Copyright is property, and may be bought or sold. Copyright is initially owned by the author Copyright is initially owned by the author In UK copyright lasts until 70 years after the death of the author (NB used to be 50 years) In UK copyright lasts until 70 years after the death of the author (NB used to be 50 years) As copyright may be sold, depending upon contracts it may immediately pass to a third party (eg an employer or client). As copyright may be sold, depending upon contracts it may immediately pass to a third party (eg an employer or client). Corporate copyright in US - 95 years from publication or 120 years from creation (whichever is the shorter) Corporate copyright in US - 95 years from publication or 120 years from creation (whichever is the shorter)

Copyright Material Text Text Still Images Still Images Movie Footage Movie Footage Music Music Scripts Scripts Performances Performances Software Software

Subdivision of rights Size of extract Size of extract Duration of licence Duration of licence Commercial threat to the owner Commercial threat to the owner Type of market Type of market

Leeway 1988 Copyright, Designs and Patents Act 1988 Copyright, Designs and Patents Act Defences for using material without permission: Defences for using material without permission: UK Law UK Law “Fair use for the purposes of criticism and review” “Fair use for the purposes of criticism and review” “Insubstantiality” “Insubstantiality” US Law US Law “Fair use” includes: commentary, parody, news reporting, research and education. “Fair use” includes: commentary, parody, news reporting, research and education.

Guidelines for Clearance (1) Clear rights ASAP during a project Clear rights ASAP during a project this can be a major bottleneck! this can be a major bottleneck! Licence fees are negotiable Licence fees are negotiable educational or research projects are likely to attract much lower fees than commercial projects. educational or research projects are likely to attract much lower fees than commercial projects. Clearly define the nature and scope of the rights you wish to clear - don’t clear too few rights Clearly define the nature and scope of the rights you wish to clear - don’t clear too few rights Don’t clear too widely. Don’t clear too widely.

Guidelines for Clearance (2) Retrospective copyright clearance can get expensive! Retrospective copyright clearance can get expensive! Consider secondary clearance Consider secondary clearance ie payment of an extra fee when and if it is required ie payment of an extra fee when and if it is required Rights holders often break rights into tightly defined segments Rights holders often break rights into tightly defined segments Music broadcast may be analogue or digital Music broadcast may be analogue or digital Multimedia may be platform specific Multimedia may be platform specific Language specific Language specific Beware wording of licences! Beware wording of licences!

Copyright Elements (1) People Performers must sign a waiver. Performers must sign a waiver. For minor appearances (eg street interviews) an “all rights” waiver is appropriate. For minor appearances (eg street interviews) an “all rights” waiver is appropriate. For substantial contributions (eg narration) contracts and payment are required. For substantial contributions (eg narration) contracts and payment are required. Always required if professionals are used Always required if professionals are used NB there may be union regulations NB there may be union regulations Treat children (and students!) as any other contributor. Treat children (and students!) as any other contributor.

Copyright Elements (2) Text Standard fees are usually calculated per thousand words. Standard fees are usually calculated per thousand words. vary wildly vary wildly may be unrealistic (multimedia is new!) may be unrealistic (multimedia is new!)

Copyright Elements (2) Text Standard fees are usually calculated per thousand words. Standard fees are usually calculated per thousand words. n In negotiations describe the exact context the material is to be used. n If using text from books : – Check the acknowledgements (the publisher or author may not be the rights holder). – Remember - graphs, tables, drawings, photographs etc. may not be owned by the author.

Copyright Elements (3) Photographs Commercial photo libraries usually have standard charges. Commercial photo libraries usually have standard charges. Museums, libraries and private collections may be more flexible Museums, libraries and private collections may be more flexible Treat with caution - licences may have institutional peculiarities Treat with caution - licences may have institutional peculiarities Make sure that they do own the rights. Make sure that they do own the rights.

Copyright Elements (3) Photographs Commercial photo libraries usually have standard charges. Commercial photo libraries usually have standard charges. Museums, libraries and private collections may be more flexible Museums, libraries and private collections may be more flexible n Don’t forget public domain archives - especially US government agencies (eg NASA) n Photographs can incorporate several layers of rights (eg a photograph of an in-copyright painting). n Composite photographs

Copyright Elements (4) Film Footage usually licensed in 30 or 60 second chunks Footage usually licensed in 30 or 60 second chunks (avoid using 31 or 61 seconds!) (avoid using 31 or 61 seconds!) Layers of rights Layers of rights eg a filmed play eg a filmed play

Copyright Elements (5) Music Avoid commercial recordings if at all possible. Avoid commercial recordings if at all possible. Usually expensive. Usually expensive. Record companies are often tied by artists contracts, and may not be able to negotiate. Record companies are often tied by artists contracts, and may not be able to negotiate. They may seek to view your production before granting clearance. They may seek to view your production before granting clearance. Layers of rights Layers of rights even if the music is out of copyright, both the performance and the recording are likely to be protected, and possibly even the arrangement. even if the music is out of copyright, both the performance and the recording are likely to be protected, and possibly even the arrangement.

Copyright Elements (5) Music Hiring musician(s) may be more practical Hiring musician(s) may be more practical be careful if the music is not original! be careful if the music is not original! Library (mood) music is much easier Library (mood) music is much easier Rights clearance is simple Rights clearance is simple Fees are fixed Fees are fixed Catalogues containing a wide variety of styles are available Catalogues containing a wide variety of styles are available Short segments are usually licensed separately Short segments are usually licensed separately (ie 30x1 second clips will probably be charged as 30x30 second units) (ie 30x1 second clips will probably be charged as 30x30 second units) n Avoid commercial recordings if at all possible.

Copyright Elements (6) Software International distribution may require separate negotiation for each territory International distribution may require separate negotiation for each territory Usually local distributors deal with this Usually local distributors deal with this Localisation Localisation Layers of copyright Layers of copyright

Payment One-off fees One-off fees Residual payments Residual payments A percentage of an original fee payable on the first sale in any territory. A percentage of an original fee payable on the first sale in any territory. Royalties Royalties A percentage of the sales income. A percentage of the sales income. Pay per use Pay per use Not yet important, but may be in the future. Not yet important, but may be in the future.

Moral Rights 1. The right for an author to be named 2.The right for an author to object to “derogatory treatment”

Moral Rights In most countries moral rights are inalienable. In most countries moral rights are inalienable. But … not in the UK! But … not in the UK! Subject to the author asserting the right to be named Subject to the author asserting the right to be named There is the possibility of waiver for “derogatory treatment” There is the possibility of waiver for “derogatory treatment” Be careful with non-UK sourced material Be careful with non-UK sourced material If material is to be manipulated in any way then specify this at time of clearing. If material is to be manipulated in any way then specify this at time of clearing.

Digital Millennium Copyright Act US Act reforming copyright for digital media US Act reforming copyright for digital media DMCA, 1998 DMCA, 1998 EU followed in 2004 EU followed in 2004 A few highlights A few highlights Fair use criteria tightened Fair use criteria tightened Makes it a criminal offence to circumvent anti-piracy measures Makes it a criminal offence to circumvent anti-piracy measures ISP not liable for transmitting media ISP not liable for transmitting media ISP are liable for media on their machines ISP are liable for media on their machines Webcasters must pay performance fees Webcasters must pay performance fees