Briffa and EVCOM Intellectual Property A practical guide and panel discussion on commercial issues

Meet the Panel  Michelle Sally  IP Media and IT solicitor at Briffa  Enjoys a good IP blog  David Tye  Head of Nationwide Creative Agency  Follows the law and loves IP  Dagmar Mackett  Director of Video at DRG Group  Practical and always searching for the right answer  Scott Horsfield  Freelance producer  Thinks on his feet and knows the right questions to ask  Eamon Chawke  IP Media and IT solicitor at Briffa  Creative at heart with a talent for risk spotting

Intellectual Property – an overview  Sometimes the hardest part is simply recognition; is it my IP or is it someone else's?  Copyright  Music  Film  Literature  Trademarks  Brand names  Moral Rights  Patents  Designs  Contracting out of automatic ownership rights

Third party IP – How can I find out who owns it? What are the risks if I use it without permission?  Sources of information – taking ownership of the task  Literary Work  Musical Work  Artistic Work  Asking the right questions  Is the work actually protected (for example – is it out of copyright?)  Do I know who the owner is – or do I need to look to the publisher / agent for more information?  I have the verbal go ahead – surely that’s enough now?  Licences  Look to the IP clause – does it give you the rights that you need? Not sure?  Ask someone before signing!

Third party IP – How can I find out who owns it? What are the risks if I use it without permission?  Still not able to find out who owns the work?  Copyright exceptions  Recommend that you do not use work that you do not have permission to use  My client still wants me to incorporate the work into a project – what can I do?  Commercial decision as to whether to proceed (internal purposes v commercial purposes)  Pass the risk onto your client (disclaimer “use at your own risk”) and put it in writing  Have the confidence to tell your client that it’s too high risk and we need to look at other options  Risks of using third party work without permission:  Cease use of the work you have created that incorporates the third party work  Client must cease use  Litigation – Third party sues for damages  Damage reputation and client’s reputation – client sues for damages

Obtaining the necessary permissions What’s in your contract?  Difficulties of Contract Law  Assignment or licence  Release Forms  Licence agreement  Freelancers  What happens when the scope of your product changes or you need to reuse third party work?  Look to the IP clause  Obtain the full IP rights at the outset  Film only  Territories  Cost consequences

It’s not all doom and gloom  Success stories  Successfully defending IP rights in litigation  Using IP to build and protect a brand  Running the business day to day  Start with recognition  Ask the question – who owns it  Take steps to find out  If you can’t work it out, weigh up the risks (recommend that you always obtain written permission)  Push back on the client’s request if it puts you at risk  If you find out who owns it, think about the immediate permission you need – and also what permission you may need in the future

Question Time  Any questions?  If you’d prefer to keep your questions until the networking session or perhaps discuss privately in your own time, feel free to speak with Michelle or Eamon  /  Thanks for joining us this evening and we look forward to seeing you again soon.  Safe journey home.