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

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 author’s reputation and integrity.

Copyright Works Films Literary Dramatic Photographic Music Artistic Satellite photo of Slovenia + Photo Ljubliana Music Artistic

Copyright and Business Computer programs Content on websites + ‘look and feel’ Product catalogs Artwork and text on product literature

Copyright and Business Artwork and text on labels and packaging Marketing and advertising materials (on paper, billboards, websites, accounting forms)

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

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

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

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

Copyright Term of protection: Generally speaking: - Life author + 50y - Exceptions Automatic Copyright subsists worldwide: Berne Convention heirs So why register? But national law applies

What is not protected? Ideas or concepts Facts or information 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

What is not protected Names, titles, slogans, short phrases But advertising slogan may be protected under TM Artistic logo may be protected under CR Nike World Police and Fire Games, Québec

What is not protected? Works of applied art ? Protection differs greatly from country to country Overlap with industrial designs

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

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 nation’s GDP) Entry to global markets

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

Creative Industries contd. From Cultural to Creative Industries - 1944 Coining of the term cultural industry (critique to mass production of cultural products) - 1970s and 1980s. A positive view different from Adorno & Horkheimer. - UNESCO work on cultural industries - 1990s-current. Wide use of term creative industries

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

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

Creative Industries contd. 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 UK Creative Industries

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

Creative Industries contd. Copyright Industries Content Industries Cultural Industries Digital content -- largely characterised by nature of labour inputs: “creative individuals” -- defined by nature of asset and industry output -- defined by industry production -- defined by public policy function and funding -- defined by combination of technology and focus of industry production Examples ... Pre-recorded music Music retailing Broadcasting & Film Software Multimedia services Examples ... Museums & galleries Visual arts & crafts Arts education Broadcasting & film Music Performing arts Literature Libraries Examples ... Commercial art Creative arts Film and video Music Publishing Recorded media Data processing Software Examples ... Advertising Architecture Design Interactive Software Film and TV Music Publishing Performing arts 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) -- www.creativeindustries.qut.com

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

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

WIPO Contribution contd. - The need for measurement Basis for policy options Comparability across sectors and countries An indicator of competitiveness Need to evaluate contribution of CI

WIPO Contribution contd. Studies in United Kingdom, Australia, U.S.A, New Zealand show significant economic contribution of creative industries

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

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

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

WIPO Contribution contd. Outlines methodology of a survey Justifies the choice of indicators Describes their characteristics and Elaborates on existing approaches to their measurement.

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

Thank you for your kind attention Finally Thank you for your kind attention