Dubai, 20 December 2010 Creative Expression Benefiting from your copyright and using the copyright works of others in your business Ana Ramalho, LL.M.

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Presentation transcript:

Dubai, 20 December 2010 Creative Expression Benefiting from your copyright and using the copyright works of others in your business Ana Ramalho, LL.M. Researcher IViR – Institute for Information Law University of Amsterdam WIPO – Training of Trainers Program

Dubai, 20 December 2010 Outline 1 – Copyright basics 2 – Related rights 3 – Ownership 4 – Making use of your copyright 5 – Making use of someone else’s copyright 1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 WHAT IS COPYRIGHT? COPY + RIGHT EXCLUSIVE RIGHTS (economic + moral)

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 WHAT DOES COPYRIGHT PROTECT? Creative works Original Expressed in a certain form

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 Originality: “genuineness” “distinctiveness”

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 WrittenVisualSpokenSound- based Motion- based 3DDigital Novel Poem Article Essay Play Operating manual for machines Product catalogue Painting Industrial Design Artwork on labels and packaging Photo Lecture Speech Song Ring tone Film Dance Sculpture Building Industrial Design Computer Program Database

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 WHAT DOESN’T COPYRIGHT PROTECT? Ideas, concepts Methods Factual information, news In some countries: Government works, names, titles, slogans

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 Official documents Works transferred to public property …unless compiled or arranged in a creative manner

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 ECONOMIC RIGHTS Reproduction Communication to the public (display, perform)/making available to the public (internet) Distribution (sell and in some cases rent or lend) Adapt or translate Transferable

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 reproduction, selling adapting Renting, making available on the internet, selling

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 MORAL RIGHTS Paternity/acknowledgement Integrity (object to mutilation or distortion) Some countries (UAE): withdrawal; disclosure Non-transferable

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 WHERE IS COPYRIGHT VALID? -Copyright protection is territorial -BUT: Principle of national treatment in international treaties: a signatory country has to grant the same protection to foreigners as it does to nationals

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December Berne Convention – 164 countries -WIPO Copyright Treaty – 88 countries -TRIPS Agreement – 153 countries

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 HOW LONG? creationDeath of author 70 years EU, USA Economic Rights 50 years UAE Moral Rights In some countries perpetual, in others expire together with economic rights

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 CASE STUDY SME success story: Shiffa, Dubai What can copyright protect here?

1. Copyright Basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 1. COPYRIGHT BASICS Dubai, 20 December 2010 CASE STUDY II Software license -Back up copy? -Adaptation of software? -Install in multiple computers? 1, with acknowledgement of legitimate acquisition See license

1. Copyright basics2. Related Rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 2. RELATED RIGHTS Dubai, 20 December 2010 RELATED RIGHTS = Rights given to persons or entities other than the author that also play an important role in bringing the work to the public

1. Copyright basics2. Related Rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 2. RELATED RIGHTS Dubai, 20 December 2010 RELATED RIGHTS Performers Actor Musician Dancer Singer Snake charmer Producers of sound recordings Polygram, BMG, etc Broadcasting Organizations MBC, Dubai dot FM, etc

1. Copyright basics2. Related Rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 2. RELATED RIGHTS Dubai, 20 December 2010 RELATED RIGHTS Performers Fixation Reproduction Communication to the public/making available Distribution Paternity+integrity Producers of sound recordings Reproduction Distribution Making available Broadcasting Organizations Fixation Reproduction Rebroadcasting Communication to the public

1. Copyright basics2. Related Rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 2. RELATED RIGHTS Dubai, 20 December Rome Convention – 91 countries -WIPO Performances and Phonograms Treaty – 87 countries -TRIPS Agreement – 153 countries

1. Copyright basics2. Related Rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 2. RELATED RIGHTS Dubai, 20 December 2010 HOW LONG? Fixation Performance Broadcast 50 years EU, UAE for performers and producers 20 years UAE for broadcasting

1. Copyright basics2. Related Rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 2. RELATED RIGHTS Dubai, 20 December WORK = Copyright + Related Rights Example: Copyright = music + lyrics Related rights = performances (musicians/singer) + sound record + broadcast program

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 WHO is the owner of copyright and RR? Author ≠Owner creationexploitation

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 When is the owner not the author? -Assignment or transfer of rights -Works created by employees -Commissioned or especially ordered works -Works created by several authors

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 When is the owner not the author? -Assignment or transfer of rights -Works created by employees -Commissioned or especially ordered works -Works created by several authors

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 (1)Works created by employees -In some countries the employer owns the copyright automatically, unless agreed otherwise -In other countries the transfer of rights to the employer should be set in the employment contract

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 (1)Works created by employees – example Barbie vs. Bratz Photo: Craig Sillitoe

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 (2) Commissioned or especially ordered works -In most countries the author owns the copyright and the person who ordered the work will have the right to use it for its agreed purpose -In some countries and for certain works the person who ordered will be the copyright owner

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 ( 2) Commissioned or especially ordered works - example Bob Marley’s family vs. UMG Recordings

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 (3) Works created by several authors Joint works Collective works Derivative works Inseparable/ interdependent Joint ownership of the whole work Separable/ independent Independent ownership of parts of the work Separable/ independent Independent ownership of different works

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright 3. OWNERSHIP Dubai, 20 December 2010 (3) Works created by several authors - example Joint worksCollective worksDerivative works

1. Copyright basics2. Related rights3. Ownership 4. Making use of your Copyright 5. Making use of someone else’s copyright 4. MAKING USE OF YOUR COPYRIGHT Dubai, 20 December 2010 Advantages of using your copyright: Control commercial exploitation = competitive advantage Generate income (selling, licensing) Get financing – using copyright as a collateral Build up an image/brand

1. Copyright basics2. Related rights3. Ownership 4. Making use of your Copyright 5. Making use of someone else’s copyright 4. MAKING USE OF YOUR COPYRIGHT Dubai, 20 December 2010 SELL Original work/copies “First sale”/ no economic use Keep © LICENSE Rights Economic use Keep © Exclusive/ non- exclusive ASSIGN Rights Transfer of ownership

1. Copyright basics2. Related rights3. Ownership 4. Making use of your Copyright 5. Making use of someone else’s copyright 4. MAKING USE OF YOUR COPYRIGHT Dubai, 20 December 2010 Example: License: License the reproduction + distribution to publisher Random House in US License the reproduction and distribution to publisher Editions Lattes in France License the creation of derivative work to Sony

1. Copyright basics2. Related rights3. Ownership 4. Making use of your Copyright 5. Making use of someone else’s copyright 4. MAKING USE OF YOUR COPYRIGHT Dubai, 20 December 2010 Example: Sell copies of the book: Buyer cannot Make copies and sell Make the movie

1. Copyright basics2. Related rights3. Ownership 4. Making use of your Copyright 5. Making use of someone else’s copyright 4. MAKING USE OF YOUR COPYRIGHT Dubai, 20 December 2010 Example: Assign: Assignee will be the new owner. He can authorize Reproduction Distribution Creation of derivative works

1. Copyright basics2. Related rights3. Ownership 4. Making use of your Copyright 5. Making use of someone else’s copyright 4. MAKING USE OF YOUR COPYRIGHT Dubai, 20 December 2010 Licensing – rules of thumb -Define scope as clearly as possible -Limit the scope (specific needs/non- exclusive) -On your own/ through agency

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s Copyright 5. MAKING USE OF SOMEONE ELSE’S COPYRIGHT Dubai, 20 December 2010 WHEN do you need permission? Work is covered by copyright/related rights + Use implies an exclusive right + Use is not covered by limitation/exception

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s Copyright 5. MAKING USE OF SOMEONE ELSE’S COPYRIGHT Dubai, 20 December 2010 Personal or private use Quotations Parodies or criticism Teaching and researching Limitations/Exceptions Personal use (1 copy) Use in judicial procedures Presentation of publicly displayed fine arts in broadcasting

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s Copyright 5. MAKING USE OF SOMEONE ELSE’S COPYRIGHT Dubai, 20 December 2010 Process to get a permission 1st step Clarify if the work is protected - Use of copyright notice or - Search in the registrar/agencies: - Ministry of Culture

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s Copyright 5. MAKING USE OF SOMEONE ELSE’S COPYRIGHT Dubai, 20 December 2010 Process to get a permission 2nd step Identify the copyright owner - Contact publishers, record producers, distributors - Rotana (

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s Copyright 5. MAKING USE OF SOMEONE ELSE’S COPYRIGHT Dubai, 20 December 2010 Process to get a permission 3rd step Negotiation and conclusion of licensing agreement - Key points: scope, remuneration, precise terms and conditions of use

1. Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s Copyright 5. MAKING USE OF SOMEONE ELSE’S COPYRIGHT Dubai, 20 December 2010 Practical tips to avoid infringement: Raise awareness Obtain written consent Use notices warning about infringement

Dubai, 20 December Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright In short… Copyright grants creators economic and moral rights in their creations Copyright protects both analogical and digital works Works are protected from the moment of their creation

Dubai, 20 December Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright In short… Related rights grants performers, producers of sound recordings and broadcasters legal protection for their contributions One work = several layers of rights Author ≠ Owner

Dubai, 20 December Copyright basics2. Related rights3. Ownership 4. Making use of your copyright 5. Making use of someone else’s copyright In short… Make use of your copyright: license, sell, assign! Usually you will need permission to use someone else’s copyright, but first clarify if the work is protected and who the owner is There are exceptions to copyright (personal use, quotations, teaching, etc)

Dubai, 20 December 2010 Thank you! Questions?

Dubai, 20 December Copyright basics 2. Copyright industries and copyright 3. Assuring copyright protection 4. Making use of your copyright 5. Making use of someone else’s copyright Start