Alex Shiel, Ward Hadaway, www.wardhadaway.com. An Intellectual Property masterclass on behalf of own-it.org at the AmbITion Roadshows, England 2009.

1. Arts Organisations in the Digital
Age
Legal Issues relating to use of digital
content by creative and arts
organisations
Alex Shiel
Partner
Thursday 5th May 2009

2. Introduction to Intellectual Property
• What is it
– Patents – inventions/how it works
– Trade marks - brands
– Designs – eye appeal
– Copyright – creative content
– Know how/confidential information
• What about:
– Domain names?
– Personal data?
– Databases?

3. Copyright
• Definition:
“Copyright is a property right which subsists….in the
following descriptions of work:
a) original literary, dramatic, musical or artistic works;
b) sound recordings, films or broadcasts; and
c) the typographical arrangements of published
editions.”

4. Copyright
• The Author – means the person who creates the work
– In the case of a sound recording is the producer
– In the case of a film is the producer and the
principal director
– In the case of a broadcast is the person making the
broadcast

5. Duration of copyright
• Generally 70 years from end of calendar year in which
author dies
• Sound recordings – 50 years from end of calendar
year in which recording made
• Film – 70 years from end of calendar year in which
death occurs of last to die of principal director, author
of screenplay, author of dialogue or composer of
specially created music
• Broadcast – 50 years from end of calendar year in
which broadcast made

6. What intellectual property protects digital content?
• Literary work includes a computer programme
• How do you classify a multi-media product?
• The law is the same whatever format is used to
distribute the content
• Changes in technology allow distribution of digital
content in new formats and through new channels that
the law never previously thought of

7. Rights of copyright owner
• The owner of copyright has the exclusive right to:
– Copy the work (including by electronic means)
– Issue copies to the public
– Rent or lend the work
– Perform, show or play the work in public
– Communicate the work to the public (by broadcast
or electronic transmission)
– Make adaptations of the work

8. Other rights – Rights in performances
• A dramatic performance, musical performance,
reading, recitation or performance of a variety act or
similar
• Consent of performer required to
– record or broadcast a live performance
– copy a recording of a performance
– issue copies of a performance to the public
– rent or lend copies of recordings of the
performance
• Etc

9. Other rights – moral rights
• The author/director/commissioner of a work has the
right to:
a) be identified as the author/director;
b) object to derogatory treatment of the work;
c) privacy in certain photographs and films.
• Performers have similar moral rights

10. Permitted Acts
• Research and private study
• Criticism, review and news reporting
• Incidental inclusion
• Educational purposes

11. The opportunity for Arts Organisations
• Wider distribution of content generated by activities in order
to reach a wider audience, increase interactive involvement
and generate revenue
• Use of distribution channels such as:
– Website
– Downloads
– Podcasts
– “Viral” transmissions
– YouTube etc
– Streaming
– User generated content, including blogs
– CDs/DVDs

12. What Examples are there in your Organisation
and what issues have arisen?

13. Contractual issues and rights management
for digital distribution of creative content
• Ownership of the content – not as easy as it sounds
• Obtaining consents from relevant copyright owners,
authors and performers
• Licence to use content – what limitations on use exist?
• Terms and conditions of use of content by visitors,
customers, website users etc
• Generating revenue
• Data Protection responsibility

14. Defamation, libel, obscenity and other nasties
• Defamation
– Calculated to injure the reputation of another
person or be disparaging or injurious
• Libel
– in writing or other permanent form
• Defences
• Fair comment
• Justification
• Privilege

15. • Obscenity
– An article is obscene if its effect is…..such as to
deprave or corrupt persons who are likely to see,
read or see or hear [it]
• Racial hatred
• Religious hatred
• Sex discrimination

16. Liability for Digital Content
• Use of disclaimers
• Monitoring of content
• Disclaimers – do they work?
• Using acceptable use policies and terms and
conditions
• Notice-and-take-down procedures

17. IP Protection and the Internet
• Background – rapid change in technology used to
produce content
• Ease of reproduction and duplication
• Quality and size of content files
• Internet and file sharing
• Pirates/illegal downloads/casual copying

18. Take Control
• Use of copyright protection
• Digital rights management technology (encryption,
watermarking, fingerprinting)
• Using new delivery technologies
• Making business partners
• The brand
• User friendly products
• House keeping/confidentiality/security
• (c) Notices

19. Questions
Alex Shiel
Ward Hadaway
102 Quayside
Newcastle upon Tyne
NE1 3DX
Tel: 0191 204 4296
Fax: 0191 204 4265
Email: alex.shiel@wardhadaway.com
www.wardhadaway.com