1. www.ip4inno.eu ip4inno Module 2A Unregistered IP - Part 1 Introduction and Copyright Name of speakerVenue & date

2. www.ip4inno.eu ip4inno is brought to you by: European Commission, DG Enterprise & Industry European Patent Office 19 consortium partners in the first ip4inno project This particular module was updated by: Own-it (www.own-it.org)www.own-it.org with funding from the EC and EPO

3. www.ip4inno.eu The Disclaimer! This training material concerns intellectual property and business strategies only in general terms. This training material should not be relied upon when taking specific business or legal decisions. Rather, professional advice should be obtained which suits the circumstances in question.

4. www.ip4inno.eu Unregistered IP: Content Part 1: Introduction and copyright Part 2: - ‘Reputation’ and common law trade marks - Unregistered designs - semiconductor topography right

5. www.ip4inno.eu Unregistered IP: Part 1 Introduction to IP Copyright Rights for the digital age: database rights and computer programs Summary and quiz

6. www.ip4inno.eu Introduction: What is IP?

7. www.ip4inno.eu Introduction: Why do we have IP rights? Balance between the interest of the creator and the interest of society/the state to have access to information and knowledge to further innovation

8. www.ip4inno.eu Introduction: Why are they important? Valuable assets in a global market place for knowledge-based economies such as EU member states

9. www.ip4inno.eu Unregistered IP: Part 1 Introduction to IP Copyright Rights for the digital age: database rights and computer programs Summary and quiz

10. www.ip4inno.eu Copyright: What is protected?

11. www.ip4inno.eu Copyright: What is protected? cover design illustration music: composition lyrics performance broadcast album title band name

12. www.ip4inno.eu Copyright: What is required? Must be an expression of an idea Must be creative Must be original Some degree of skill and labour required

13. www.ip4inno.eu Copyright: economic rights Copyright secures for the originator of a creative work the exclusive right to control who can make copies who can make works derived from the original work who has the right to distribute such works (in any form) Copyright is automatic on creation Artist’s Resale right

14. www.ip4inno.eu Copyright: Moral Rights The right: –to be identified as author or director –to object to derogatory treatment –not to have a work falsely attributed Non-assignable Photographs and films commissioned for private and domestic purpose Exceptions

15. www.ip4inno.eu Copyright: What is protected? Original works: literary, artistic, dramatic or musical works Derivative works: i.e. films, photographs, translations, editions, collages, adaptations etc. Others: typographical arrangements, sound recordings, broadcasts, performances

16. www.ip4inno.eu Copyright: What is protected? cover design illustration music: composition lyrics performance broadcast album title band name

17. www.ip4inno.eu Copyright: a question of time Original work: Life of the author + 70 years: Anonymous work: 70 years from publication or creation (if unpublished). Typographical arrangements: 25 years from first publication Derivative works: various

18. www.ip4inno.eu Copyright: ownership You own it If you have created it. If you are a freelancer working on commission You don’t own it If it was created in the course of employment… Notes: Moral rights: Ownership Joint ownership

19. www.ip4inno.eu Copyright: stop thief! It can be protected! Sign-post your work with a copyright notice In case of dispute, businesses need to show evidence they were the original creators of the work Other preventative measures: e.g. booby traps Contact the infringer and ask them to stop

20. www.ip4inno.eu Copyright: infringement Primary infringement Direct or indirect copying Copying of the whole or substantial part No set % or certain number of changes Medium unimportant Secondary infringement Dealing with infringing copies e.g. importers, retailers Knowledge is necessary Businesses are vicariously liable for acts of employees

21. www.ip4inno.eu Copyright: You may – with caution!! Permitted acts: Fair dealing Research and private study (non-commercial) Criticism or review (with sufficient acknowledgment) Reporting of current events Others: Incidental inclusion Images of public buildings and sculptures

22. www.ip4inno.eu Copyright: Derivative works Springboards for creativity or IP threat? Imitation: the greatest form of flattery? Drawing the boundaries Seeking permission Commercialising derivative work A sense of humour Left: Mannie Garcia/AP; Right: Shepard Fairey

23. www.ip4inno.eu Copyright: The Oasis case 1997 Creation Records Ltd. v News Group Newspapers Ltd Album Cover: Be Here Now by Oasis © Sony Music Entertainment (UK) Ltd

24. www.ip4inno.eu Copyright: After infringement… A letter … Stop infringement Court action: Civil v Criminal Sequestration (Delivery up) Action for damages But cases can be difficult to pursue

25. www.ip4inno.eu Copyright: a note on Orphan Works Work in copyright whose owner is unidentified or untraceable making it impossible to get consent to use the work Legislation yet to be defined Due diligence search necessary

26. www.ip4inno.eu Copyright: Common misconceptions 1 If it doesn't have a copyright notice, I can copy it If I use someone else’s copyrighted work, but don't charge any money for it, then it’s okay If it’s posted to a website, it’s in the public domain and can be used freely

27. www.ip4inno.eu Copyright: Common misconceptions 2 If you don't defend your copyright you lose it I’ve copyrighted a name I’ve been emailed a copy, so I can repost it

28. www.ip4inno.eu Copyright: Commercialising your IP Sale – formalities Licensing – exclusive or not? Contracts – put it in writing

29. www.ip4inno.eu 29 Copyright: Collective Licensing Societies Collecting society Users (e. g. radio stations, book-editors, TV- Broadcast stations etc.) Right holders (e. g. authors, performers, publishers, producers, etc.) Rights Management Grant of licences Remuneration Licence fees

30. www.ip4inno.eu Unregistered IP: Part 1 Introduction to IP Copyright Rights for the digital age: database rights and computer programs Summary and quiz

31. www.ip4inno.eu Rights for the digital age Database rights: What is a database? Copyright/sui generis right? sui generis right - Term of protection - Requirements - What is protected - Scope of protection - Limitations or exceptions - Ownership - preventative measures

32. www.ip4inno.eu Rights for the digital age Computer programs: What is a computer program? - requirements - infringing acts - permitted acts Differences in EU and US law

33. www.ip4inno.eu Unregistered IP: Part 1 Introduction to IP Copyright Rights for the digital age: database rights and computer programs Summary and quiz

34. www.ip4inno.eu Copyright: summary Automatic on creation Easily created, but easily infringed Important to identify copyright and ownership Use of copyrighted material badly misunderstood by copyright owners and the public at large Societies exist to help creators collect royalties, but they need to be members Different terms of protection for different copyrights Attempt to harmonise EC copyright law

35. www.ip4inno.eu Copyright: Quiz Copyright is the right that prevents the copying of a)only CDs and DVDs as it is always possible/allowed to make a photocopy of a book. b)Only books and DVDs because a CD is protected by a patent c)diverse forms of literary, artistic and scientific expressions, including CDs, DVDs and books d)CDs, DVDs, books and software only

36. www.ip4inno.eu Copyright: Quiz 2. In the EU, the term of protection for copyrighted works is 20 years: a)No, the general rule is the author’s life and 70 years after his death b)No, it is 50 years c)No, it is 70 years d)True

37. www.ip4inno.eu Copyright: Quiz 3. Copyright can protect my works: a)Yes if they are original b)Yes if they are expressed in a particular form c)Yes if they are original and expressed in a particular form

38. www.ip4inno.eu Copyright: Quiz 4. In the EU computer programs as such are protected by copyright: a)False, computer programs as such are protected by patents in the EU b)False, the European Parliament has always rejected the protection of computer programs c)True d)False, the natural protection of a piece of software is secrecy

39. www.ip4inno.eu Copyright: Quiz 5. Before I can enjoy copyright protection I should: a)Publish my work b)Send a copy to the National Library of my country c)No formality is required d)Send a copy to the Intellectual Property Office

40. www.ip4inno.eu Copyright: Quiz 6. Copyright gives me: a)Among other rights, the exclusive right to reproduce and distribute my work to the public b)Exclusively moral rights c)A minimum of 1% royalties on every copy of my work d)It depends on each contract

41. www.ip4inno.eu Copyright: Quiz 7. Moral rights give me: a)A recognition of my paternity over the work b)A right to refuse any inadequate modification to the work c)Both a) and b) d)The right to decide on the ethics of the exploitation of my work

42. www.ip4inno.eu Copyright: Quiz 8. If I need to use a third party’s work, I can use it in good faith without asking permission: a)True, always b)False c)The use of a copyrighted work requires the right holder’s prior consent, unless the use is covered by an exception d)True but only once it has gone through customs clearance

43. www.ip4inno.eu Thank you for your attention! Over 50 teaching hours of material, case studies, exercises, links and more can be found on www.ip4inno.eu