1. The Business Use of Creative Expression by SMEs: Introduction to Copyright & Related Rights Guriqbal Singh Jaiya Director, Director, SMEs Division World Intellectual Property Organization (WIPO)

2. This Presentation 1 – What is Copyright? 2 – Why is Copyright relevant? 3 – How to Protect? 4 – How to Generate Income? 5 – Using Works Owned by Others

3. PART 1 WHAT IS COPYRIGHT ?

4. What is Copyright  Grants authors, composers, and other creators legal protection for their literary and artistic creations (‘works’)  Gives ‘bundle’ of exclusive rights, which allow owners to control the use of their original works in number of ways and to be remunerated  Also provides ‘moral rights’ which protect the author’s reputation and integrity.

5. Literary Films Dramatic Music Photographic Artistic Copyright Works

6. Copyright and Business Computer programs Content on websites + ‘look and feel’ Product catalogs Artwork and text on product literature

7. Copyright and Business Artwork and text on labels and packaging Marketing and advertising materials (on paper, billboards, websites, accounting forms)

8. Copyright and Business Sales training program captured on videocassette Newsletters Instruction sheets, operating manuals for machines, maintenance manuals Technical drawings, diagrams, maps Some types of databases

9. A Bundle of Exclusive Rights Economic Rights – Reproduce or make copies – Distribute to public – Sell, rent *, lend* – Display or perform to public – Adapt and translate – Make available on the Internet Moral Rights – Right of paternity: acknowledgement – Right of integrity: object against mutilation and/or distortion * Generally applies only to certain types of works: Cinematographic works, musical works, or computer programs. Assignment or License Moral Rights cannot be transferred

10. What are Related Rights? Rights of broadcasting organizations in their radio and television programs and in Internet broadcasts such as ‘podcasts’ Rights of producers of sound recordings (phonograms) in their recordings ( cassette recordings, compact discs, etc.) Rights of performers actors musicians singers dancers or generally people who perform

11. song Example, in the case of a song Barry White by Barry White … Copyright Copyright protects the music of the composer and the words of the writer, and... Related rights Related rights would apply to.. Can't Get Enough/Just Another Way to Say... (1973/75,IMS Records) the performances of the musicians and singers who perform the song the sound recording of the producer in which the song is included the broadcast program of the organization that produces the program containing the song

12. Copyright Term of protection: Generally speaking: - Life author + 50y - Exceptions Automatic Copyright subsists worldwide: Berne Convention heirs So why register? But national law applies

13. What is not protected? Ideas or concepts E.g., instruction manual that describes system for brewing beer Facts or information Historical, news, scientific, biographical E.g., biography Government works Statutes, judicial opinions, etc

14. What is not protected? Names, titles, slogans, short phrases But advertising slogan may be protected under TM or UC Artistic logo may be protected under CR NikeWorld Police and Fire Games, Québec

15. What is not protected? Works of applied art ? Protection differs greatly from country to country Overlap with industrial designs

16. Sportman invents technology for better shock- absorption for running shoes. Advertises on his website. Describes in text what the technology is about. Competitor sees website and makes running shoes with the same absorption technology.

17. PART 2 Why is Copyright Relevant to Your Business?

18. 1. Control of Commercial Exploitation Exclusivity over the use of copyright protected works helps business to gain and maintain competitive edge in the marketplace – computer programs – commercial databases – advertisements – technical drawings – instruction manuals – films – musical compositions – magazines – photographs – architectural works – catalogs – websites – video games – sound recordings – multimedia – TV and radio programs

19.  Copyright is a tradeable asset that may be owned, bought and sold the same as other types of property  sell copies of the work  sell copyright in the work  permit others to use your copyrighted work  Can be an important long-term value for your business if the work is of quality or is a commercial success. 2. Generate Income

20. Companies that own copyright assets may be able to borrow money from a financial institution by using such a bundle of copyrights as a collateral. E.g., portfolio of distribution rights to movies 3. Raise Funds

21. Copyright law enables to take legal action against anyone encroaching on the exclusive rights Remedies/Sanctions: - Stop infringement - Obtain monetary relief - Destruction of infringing works - Criminal sanctions 4. Take action against infringers

22. May enhance the value or efficiency of your business - play music in restaurant, bar, retail shop - use computer software or databases created by others - illustrate your website or catalogs with photographs taken by others Requires, in most cases, prior permission from the copyright owner 5. Use Works Owned by Others

23. 6. Effective Marketing and Advertising Enticing marketing or advertising materials requires use of creative text, artwork, logos, etc., which are all protected by copyright. In the digital environment, companies are turning to the Internet and use copyright protected works on their websites to get noticed, build loyalty and ultimately boost sales.  short movies  online music  interactive games  contests  other new marketing ploys

24. 1961 Coca Cola original vintage advertisement. Features a Valentine's Day

25. Innovative branding - with a sense of humour Mouse characters started to have themes Bio 2002 in Toronto

26. Innovative branding - with a sense of humour Bio 2003 Washington DC

27. Innovative branding - with a sense of humour Bio 2004 San Francisco

28. Innovative branding - with a sense of humour Transgenic Mouse Conference 2004 Nashville

29. Innovative branding - with a sense of humour 2004 Marketing Tour Japan

30. Innovative branding - with a sense of humour Bio 2005 - Philadelphia

31. Innovative branding - with a sense of humour Bio 2006 Chicago

32. Innovative advertising in scientific publications Promoting viral delivery technology

33. Innovative advertising in scientific publications Spring special price promotion

34. PART 3 How to Maximize your Copyright Protection in Your Business’ Creations?

35. 1. Prove ownership  Deposit or register your work with copyright office  Deposit copy with bank / lawyer  Send yourself copy in sealed envelope  Copyright notice  Standard Identification Numbering Systems -International Standard Book Number (ISBN) -International Standard Recording Code (ISRC) -Etc.

36. 2. Protect works in electronic form  Mouse-click contract  Mark with rights management information - Label (copyright notice, warning label) - Digital Object Identifier - Time stamp - Digital watermark  Technological protection measures - Encryption - Access control or conditional access systems - Versions of lower quality

37. 3. Ascertain ownership  Author ≠ owner - But moral rights...  Work created by your employee - Owner = employee - Owner = employer, automatic transfer - Owner = employer, assignment needed - Different rules for computer programs  Commissioned work - Re-use of commissioned material for the same or different purposes CONTRACT

38. Michal is employee in Thai restaurant “Sunset” During lunch break: makes paintings Who owns copyright?

39. Owner of the restaurant asks Michal to create new logo for the restaurant. Who owns copyright?

40. Owner of the restaurant asks external designer to create new logo for the restaurant. Who owns copyright?

41. PART 4 How to Get the Most out of Your Copyright in Your Business’ Creations?

42. Sell the work or sell copies of the work Do you lose copyright? License your economic rights Exclusive Non-exclusive Sell your copyright ‘assignment’ Business’ activity Buyer’s interest Price

43. When should you consider licensing or selling your copyright over a work? The exclusive rights can be divided and subdivided and licensed or sold to others in just about any way you can imagine: — by territory — time — market segment — media — content, etc. You can grant different licenses, to different persons or companies, at the same time.

44. Income: Can generate lucrative fees and royalties New markets: Allows business to enter into new product categories or in new geographical areas in a relatively risk-free and cost-effective way Marketing tool: Increases the business’ exposure and recognition Why should a business consider licensing?

45. Licensing Strategy  Define scope of activities permitted under the license as precisely as possible è Generally, better limited in scope - To specific needs and interests of licensee - Non-exclusive license allows further opportunities è Exclusive license or assignment - If no alternative - If adequate price - Loss of all future income-earning potential

46. Licensing Strategy è Handle all aspects yourself - standard terms and conditions - individually with every licensee è Entrust administration of (some of) your rights to licensing agent/agency - book publisher, record producer è Collective Management Organization

47. Owner of copyright: has great power to define how his photos are used Important to consider range of possibilities to commercialize the photographs. Example of photographer Possible to simultaneously grant various licenses for one photo: To different users For specific manners of exploitation For limited period of time For specific purpose In limited territory

48. CMOs ►Per type of work and per country - film, music, photography, reprography, television, visual arts ►Core activities documentation of works of its members licensing and collecting royalties gathering reporting information on the use of the works monitoring and auditing distribution of royalties to its members

49. CMOs ►Advantages intermediaries between users and owners one-stop shop collective bargaining blanket license license of material in digital form cultural and social intiatives

50. PART 5 Using Works Owned by Others

51. When do you need permission? 1.Work is covered by copyright / related rights 2.Work is not in the public domain -Copyright protection period expired -Work cannot be protected (e.g. Title) -Owner has explicitly abandoned his rights 3.Planned exploitation implies use of rights granted by copyright / related rights 4.Intended use is not covered by ‘fair use’, ‘fair dealing’, limitation, exception

52. Free uses or limitations personal use quotations parodies criticism use for teaching purposes news reporting scientific research libraries certain cases of reproduction

53. Company that sells eggs. Buys painting for 10.000 USD. Can it... – Use the painting as a logo? – Scan the painting and use it to illustrate its website? – Sell digital copies online with name of the company on it? Holisticforgeworks.com

54. You buy software for your office. Can you – Make a back-up copy for office use? – Make a copy for home use? – Adapt the software to your business needs? – Use the software on multiple workstations?

55. How reduce risk of infringement? 1.Educate employees 2.Obtain written licenses/assignments, where needed, and ensure that staff are familiar with their scope 3.Mark apparatus that could be used to infringe copyright with a notice -Photocopiers -CD and DVD burners -Computers 4.Prohibit staff from downloading copyright protected material from the Internet on office computers without authorization

56. Thank You! WIPO’s website for SMEs : www.wipo.int/sme Guriqbal.jaiya@wipo.int