3. Intellectual Property
Intellectual property
(IP) refers to
creations of the
mind: inventions,
literary and artistic
works, and symbols,
names, images, and
designs used in
commerce.
4. Intellectual Property
IP is divided into 2 Copyright:
•literary and artistic
categories: works such as novels,
Industrial property: poems and plays
•films
• inventions (patents)
•musical works
• trademarks •artistic works such as
• industrial designs drawings, paintings,
photographs and
• geographic sculptures
indications of source •architectural designs
7. Introduction to
UK Copyright Law
http://www.youtube.com/watch?
v=qc8YXIg82Q0&feature=share&list=PLXL0-
lF_LimS27SFunITvpXDr_lyEp6mc
8. The 1988 Copyright, Designs
and Patents Act (CDPA)
Protects creators of literary,
dramatic, musical, artistic works,
sound recordings, broadcasts, films
and typographical arrangement of
published editions
Gives rights to control ways their
material is used
9. The 1988 Copyright, Designs
and Patents Act (CDPA)
It Covers
broadcast and public performance
copying
adapting
issuing
renting and lending copies to the
public
10. The 1988 Copyright, Designs
and Patents Act (CDPA)
International conventions give protection in
most countries, subject to national laws
Other Laws in use are:
Video Recordings Act 1984
Trade Descriptions Act 1968
Proceeds of Crime Act (POCA) 2002
The Copyright and Related Rights
Regulations 2003
Human Rights Act 1998
11. How and When?
Copyright is an automatic right and arises
whenever an individual or company creates
a work
12. What?
To qualify, a work should be regarded as
original, and exhibit a degree of labour, skill
or judgement
Interpretation is related to the independent
creation rather than the idea behind the
creation.
14. Examples:
Your idea for a book would not itself be
protected, but the actual content of a book
you write would be.
Someone else is still entitled to write their
own book around the same idea, provided
they do not directly copy or adapt yours to do
so.
Names, titles, short phrases and colours are
not generally considered unique or substantial
enough to be covered, but a creation, such as
a logo, that combines these elements may be.
In short, work that expresses an idea may be
protected, but not the idea behind it.
16. However…
Sound recordings, Literary, dramatic,
films, broadcasts and artistic or musical
typographic works need to classed
arrangements of works as original to be
do not need to protected
demonstrate originality
in order to be
protected by copyright
17. What am I doing wrong?
It is an offence to perform any of the following
acts without the consent of the owner:
Copy the work.
Rent, lend or issue copies of the work to the
public.
Perform, broadcast or show the work in public.
Adapt the work.
18. Copyright Infringement
Joining a file-sharing network and downloading
unauthorized copies of copyrighted music for free.
Sharing unauthorized MP3 copies of a song on the
Internet or through a file-sharing network.
Using a wireless router in your room; others may
share illegal material through your router, giving
the appearance that you are the guilty party.
Emailing copies of a copyrighted song to all of your
friends.
Transferring copyrighted music using AIM or other
instant messaging services.
Burning CD copies of music you have downloaded
and then giving them to all your friends.
19. Is there a time limit?
Duration:
For literary, dramatic, musical or artistic works:
70 years
Sound Recordings and broadcasts: 50 years
Films: 70 years
If the work is of unknown authorship: 70 years
Typographical arrangement of published
editions: 25 years
Broadcasts and cable programmes: 50 years
Crown Copyright will last for a period of 125
years
21. “every important story gets told,
every brand gets sold, and every
consumer gets courted across
multiple media platforms”
Henry Jenkins – Convergence Culture (2006)
22. The Internet
Most digital content found on the Internet will
be protected by copyright.
A website will have its own copyright, but there
will also be separate copyright in the domain
name, title, sound effects, images and
photographs and written content.
23. Gowers Review (2008)
Does the current IP infringement framework
reflect the digital environment?
Crimes committed in the online and physical
world should not be subject to different
sentences.
More on this later…
25. Penalties in the UK
Upon conviction:
Magistrates court
maximum term of incarceration is 6 months
"level five" fine of £5,000
Crown court
maximum term of incarceration is 10 years
"unlimited" fine
26. UK Music:
Copyright laws relaxed
http://www.youtube.com/watch?
v=Cx56DgZWgF0&feature=share&list=PLXL0-
lF_LimS27SFunITvpXDr_lyEp6mc
27. Gowers Review (2008)
The penalty for a copyright offence depends
on whether the infringement occurred online
or not.
28. Gowers Review (2008)
1. Commercially deal in infringing goods or
those who distribute goods
maximum penalty is ten years imprisonment
1. Online infringement by communicating the
work to the public
two years imprisonment
1. Commercial showing or playing in public of
a work
maximum of six months imprisonment or a
level five fine
29. Using without Infringing
Exceptions include:
Making temporary copies
Research or private study
Criticism and Review
Incidental Inclusion
Instruction or Examination
Moral rights
Performance rights
30. A word about Fair Dealings
The owner has the exclusive rights to:
Copy the work
Issue copies of the work to the public
Rent or lend the work to the public
Perform, show or play the work in public
Communicate the work to the public
Make an adaptation of the work or do any of
the above in relation to an adaptation
31. A word about Creative
Commons Licences
Increasingly, digital content is being made
available under open content licences such
as Creative Commons Licenses
These provide creators with the ability to
pre-determine the terms of use of their
digital creations, providing other users the
ability to use the digital resources without
having first to contact the rights holder
33. Coursework
Investigative Report
Describe key intellectual property and
copyright issues, related to digital
technology and content creation.
What is intellectual property and how can this
be protected by copyright, trademarks and
patents?
Explain copyright law.
How does copyright apply to digital media?
What are the penalties of copyright
infringement?
