Case Study - Research Presentation How should Intellectual Property laws evolve to allow creativity and innovation to flourish and be fair to all sides, in a modern digital world? Mission Statement: - “It is now clear to everyone that digital technology is transforming copyright, for better and for worse. Infringement is widespread; understanding of the law is poor” -The Hargreaves Report, Chapter 4, Page 30, 4.2, Professor Ian Hargreaves, May 2011 Critical Development 2 DM2004 : I.P.R.Laws

Shocking Sample Statistics Example The Impact of Piracy text was taken from page 72 of The Hargreaves Report

My Learning Outcome Objectives To Improve my own knowledge of Intellectual Property law both in the UK and worldwide. To gain a broader understanding on how existing Intellectual Property laws and proposed changes will impact my own personal digital work as well as potential employers and other creative professionals. To comprehend the best methods in regards to the process of establishing Intellectual Property rights for my own work and that of any employer. Finally I wanted to improve my analytical & planning skills, including time management, to give myself a better understanding of working practises and answer any questions my study raises.

Secondary Resources Books –Winchester Hampshire Library –Winchester of University Library –Personal (Home) Library Articles –Online Newspapers –Articles, Adverts & Accounts Blogs –Student Work –Opinionated Research Online Links –Websites (PDF Conversions for Proof) –Online Encyclopaedias (PDF Conversions for Proof) –PDF Downloads (Reports) Blog example image taken from DMD site upload ipreview-blog pdf

Primary Resources Interviews –Ian Hargreaves –Small Business – L A Carlin –Big Business – G Carlin Questionnaires –Anonymous surveys for results Research & Resources Both drawn in Microsoft Paint (Vista) by DSCarlin

Intellectual Property - what is it? Intellectual Property is split into categories, four types of which are now protected in laws which vary from country to country but on which there is broad agreement. Animated IPR Four Categories Split diagram by D S Carlin, Central image by Knoppix, back image by D S Carlin Copyright applies to all sorts of written and recorded materials from software and the internet to drawings and photography. Copyright - what is it? Designs are all about the way an object looks: its shape, its visual appeal it’s all in the design. Designs - what is it? Patents protect the methods and processes that make things work. Patent - what is it? Trade marks (brands) inform customers that the goods and services on which they are used come from you. Trademark - what is it? C,D,T,P Text from

Questionnaire Results. Sample Part 1 of 3 Q1. Do you consider you are knowledgeable about Intellectual Property Right Laws?

Questionnaire Results. Sample Part 2 of 3 Q2. Do you think intellectual property laws in the UK and other parts of the world are different?

Questionnaire Results. Sample Part 3 of 3 Q3. Have you ever copied Intellectual property? Q4.

Intellectual Property Laws Below are some of the laws two countries with large creative industries. UKUSA 1709 – The British statue of Anne1776 – US constitution 1988 – copyright designs & patents act1787 – copyright clause of US constitution 2002 – Electronic Commerce directive1976 – compulsory licence act 2003 – Implementing the European Directive1980 – modified after Napster issues 1989 – enacted Berne convention 1995 – Performance rights amendment 1998 – Digital millennium copyright act

Inhibitors of Creativity Patent Thickets. Costs to register your rights, especially where legal advice is required. The burden of finding proof of infringement and the cost of pursuing a case. Fear of having designs and ideas stolen or copied, especially for new concepts where others may need to understand the idea in order to help develop or promote it. £/$ Image with light bulb from Microsoft Clip Art, Patent image by D S Carlin

Unfair Law unclear definitions in some legislation Illegal Copying Different length of protection on different types of Intellectual Property and in different countries Different laws in different countries can benefit some firms at the expense of others image by D S Carlin drawn in Microsoft Paint (Vista) “ITS NOT FAIR!”

Registration Processes (IPO.gov though them in this country) Costs Proposed Digital Copyright Exchange (DCE) Intellectual Property Office logo taken from Library Shelves Images taken from Microsoft Clipart Images 2003

Interview In 2010/2011, Professor Ian Hargreaves led a review of intellectual property for the UK Government, published in May 2010 as Digital Opportunity: a review of intellectual property and economic growth. The recommendations of this review have been adopted as the basis of Government policy. Image and info from Cardiff School of Journalism Profiles PageCardiff School of Journalism Profiles Page Interviewee

Personal Conclusion I have Met my Learning Objectives? – Yes I have. I found that the UK allows people to give their views on proposed changes to Intellectual Property laws via consultations but could publish this more widely. A more evidence based approach and more adaptable approach to legislation in this area has been suggested. I confirmed my suspicion that there are some unfair aspects of Intellectual Property law and that creativity can be hindered by this. I also confirmed my fear that there is a great deal of ignorance with regard to Intellectual Property Law -

Personal Conclusion Timeline (Gant Chart) What I would have done differently What I would have done in addition given time to develop further

Case Study Interim Conclusion & Recommendations Improved clarity in some laws Improved Education Central Register (Software licenses – in case firms go bust) Central Resource with simple explanations of laws with Case examples Agree good idea digital register (as mentioned as proposal in Hargreaves report) Photo of Hosting Server taken from