1 Look-here! Project Meeting: Copyright Introduction to Intellectual Property Rights Bernard Horrocks © Naomi Korn Copyright Consultancy 2010

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3 Intellectual Property Rights – an overview Designs Patents Trade Marks Copyright Confidence laws All protect different kinds of intangible assets © Naomi Korn Copyright Consultancy 2010

4 Copyright An exclusive property right allowing the holder to: control copying of certain kinds of (usually creative) work for a limited period Governed in the UK by the Copyright, Designs and Patents Act 1988 (as amended) Each country has its own copyright law; reciprocal international agreements also exist © Naomi Korn Copyright Consultancy 2010

5 Works protected by copyright under UK law 1.Literary works 2.Dramatic works 3.Musical works 4.Artistic works 5.Films 6.Sound recordings 7.Broadcasts 8.Typographical arrangements © Naomi Korn Copyright Consultancy 2010

6 What is copying? 1.Reproduction 2.Distribution 3.Rental / lending / hiring 4.Performance 5.Communication to the public 6.Adaptation These are sometimes known as the restricted acts or economic rights Economic rights contrast with moral rights, which protect the creators reputation and integrity of the work © Naomi Korn Copyright Consultancy 2010

7 How long does copyright last? If the creator is known, for the creators lifetime plus the end of 70 years after they die. If the creator is unknown, 70 years from creation or first publication. Duration varies for different kinds of work and also according to who produced it. © Naomi Korn Copyright Consultancy 2010

8 Ownership Creator is usually first owner BUT there are important exceptions. Employees (contract of service): if the work is created as part of the employees usual role, copyright usually rests with the employer. Non-employees (contract for services): copyright rests with the creator. NB: this may apply to freelancers, consultants, volunteers, placement staff, interns etc. © Naomi Korn Copyright Consultancy 2010

9 Exceptions: UK Fair dealing copying for non-commercial research and private study Fair dealing copying for criticism, review and news reporting Incidental inclusion of a work within another Reproducing an insubstantial part of a work (quality and quantity need to be addressed) Reproducing a work by an unknown creator when it is reasonable to assume that copyright has expired NB: Differences between UK fair dealing, US fair use, and other jurisdictions © Naomi Korn Copyright Consultancy 2010

10 Designs Protect the shape, configuration, pattern, line, contours, colours, texture or materials of an artefact: basically its eye appeal Protected in the UK by the following: 1) Design right (arises automatically; lasts a maximum of 15 years) 2) Registered designs (needs to be applied for [stricter thresholds]; lasts a maximum of 25 years) 3) Artistic copyright (including works of artistic craftsmanship) © Naomi Korn Copyright Consultancy 2010

11 Further resources Naomi Korn Copyright Consultancy JISC funded Web2Rights Strategic Content Alliance IPR and Licensing Toolkit Collections Link UK Intellectual Property Office Naomi Korn, A Practical Guide to Copyright, 2010 Tim Padfield, Copyright for Archivists, 2010 Flint, Fitzpatrick & Thorne, A Users Guide to Copyright, 2006 © Naomi Korn Copyright Consultancy 2010

12 Bernard Horrocks Intellectual Property Consultant © Naomi Korn Copyright Consultancy 2010