Overview of Copyright Gary Townley Business Outreach TheIPO

Overview of Copyright Gary Townley Business Outreach @The_IPO

Intellectual Property Office Executive Agency within Department of Business, Innovation and Skills (BIS) 1000+ staff based in Newport in South Wales, 20 based in Victoria, London Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR)

Business investment has changed £ billion - in UK as elsewhere IP Fixed Capital Source EU COINVEST and Haskel et al

IP Baseline Survey 96% of UK businesses do not know the value of their Intellectual Property Rights Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent. 74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor Only 4% of UK businesses have an Intellectual Property policy

What is intellectual property? Patents Trade Plant Varieties Trade Secrets marks Intellectual Property Registered designs Confidentiality Copyright

Trade marks Any sign which distinguishes your goods or services from that of another Name, logo, colour, shape or combination £ 170 for an application, lasts initially for 10 years Should not describe the goods or services

Designs Registered/ unregistered rights Protects the outward appearance of the goods Shape, contour, pattern or ornamentation £ 60 for your first design Does not protect materials, function or production method

Patents A Bargain State Exclusive Rights 20 years Inventor Fees Technical Description

Copyright

True or False e s l Fa I can copy 10% without s it being an infringement e l Fa If I acknowledge the original work, I can use it e s Fal If it doesn’t have a copyright notice, it’s not protected e s l a F I have bought the book/painting/photograph so I can use it as I wish

Copyright The Statute of Anne 1709 Scope increased to include engravings, prints, sculptures, dramatic works and musical works 1956 – films, broadcasts and typographical arrangement Copyright, Designs and Patents Act 1988

Copyright Conventions Berne Convention - Accepted in 1886 Works protected by national law irrespective of where the work was created 163 Countries are parties to the Convention Universal Copyright Convention Adopted in 1952 An alternative for Countries that believed that Berne overly benefited Western developed copyright exporting nations

Copyright Criteria for Protection 1. For copyright to subsist the work must be recorded in a material form 2. The work must be “original” – not copied – sufficient labour, skill and effort 3. Sufficiently connected to qualify under UK law – authorship, publication, place of transmission. 4. Not excluded on public policy, moral grounds – obscene, blasphemous, libellous etc

Copyright 1. Literary Works – All works expressed in print or writing 2. Dramatic Works – A work capable of being performed 3. Musical Works – includes melody, harmony and rhythm 4. Artistic Works – A work of artistic craftsmanship (not quality) 5. Films – Moving images produced by any means 6. Sound Recordings – From which sounds can be reproduced 7. Broadcasts – transmission of visual images, sounds or other 8. Published Editions – typographical arrangements

What Copyright protects Books, technical reports, manuals, databases Engineering, technical or architectural plans Paintings, sculptures, photographs Music, songs, plays, dramatic works Promotional literature, advertising Films, videos, cable or radio broadcasts Websites & Computer software

What Copyright does not protect Works in the public domain - For example if the copyright has expired Expression over ideas – copyright protects the expression of an idea, not the idea itself Copyright Exceptions – covered later Single words & Titles or Fact

Literary Works • Novels • Newspaper Articles • Lyrics for songs • Instruction manuals • Training manuals • Software coding • Databases may also have separate protection

Dramatic Works • Ballet • Mime • Plays • Capable of being performed

Musical Works • Songs • Tunes • Jingles • Sonata • Film Score

Artistic Works • Paintings • Drawings • Sketches • Photographs • Maps • Engravings • Diagrams • Sculptures

Film • Home videos • DVDs A film may include multiple copyright works for example The Score The Screenplay The Book from which the film is adapted Performance rights

Broadcasts & Sound Recordings Electronic transmission of visual images Any sounds, regardless of the medium on which it is made CD, MP 3, Sonogram, Vinyl, Tape

How long does Copyright last? Literary, musical, artistic & dramatic works: author’s lifetime plus 70 years Films: 70 years after the death of the last of: director, composer of any music specifically created for the film, the author of the screenplay and the scriptwriter TV & radio broadcasts: 50 years from first broadcast Sound recordings: 70 years from first publication Published editions(typographical layout): 25 years from first publication Uploading a work which is out of copyright to the internet may create new copyright so don't assume it is copyright-free if you want to use it.

Database rights Database right lasts for 15 years from making but, if published during this time, then the term is 15 years from publication.

Economic Rights Economic rights give the owner the opportunity to make commercial gain from their work Reproduction right Distribution right The rental and lending right The performance right The communication to the public right The adaption right

Moral Rights Even if the creator sells their rights, they have ‘moral rights’ over how their work is used. Moral rights protect non-economic interests. Available for literary, dramatic, musical, artistic works and film. • The right to be identified as author/director • The right to object to derogatory treatment of a work • The right to object to false attribution

I own copyright, what can I do with it? . Assignment – This transfers either the full or partial ownership of the copyright from the author to the assignee Licence – A licence gives someone permission to do the acts which the copyright owner is entitled to authorise or prohibit without infringing copyright

Examples of Licensing Exclusive licence – gives. licensee the copyright to the exclusion of all others Limited use licence – a photograph may grant a newspaper the right to use a photo. However the photo could be used again by another user for another fee Creative commons licence – Some owners prefer to allow limited access to their work without charge

Who owns Copyright? Usually the first creator or author. . . …or their employer if produced in the ordinary course of their employment However, a contractor will retain ownership unless their contract is explicit to the contrary Even if the creator sells their rights, they have ‘moral rights’ over how their work is used

Who owns copyright? Taken by the prince’s executive chef, Carolyn Robb wearing their ‘new set of tweeds’. Settlement later reached with Robb involving a four figure fee for the use of the photograph and use by the Royal Mail.

Sam Smith vs Tom Petty will receive 12. 5% of the songs profits

If there is more than one author? Where two or more people have created a single work and the contribution of each author is not distinct from the other or others A computer programme may have been created by a team – all those may be joint owners and as such may be joint owners. This means all creators would need to agree before someone asking to use that work could do so.

“Happy Birthday to You" • The most recognised song in the English language. • The melody of "Happy Birthday to You" was written and composed by American sisters Patty Hill (27/03/1868 to 25/05/1946) and Mildred Hill (27/06/1859 to 05/06/1916) in 1893. • The combination of melody and lyrics in "Happy Birthday to You" first appeared in print in 1912, and probably existed even earlier. • In 1990, Warner Chappell purchased the company owning the copyright for U. S. $15 million, with the value of "Happy Birthday" estimated at U. S. $5 million. • Unauthorized public performances of the song are technically illegal unless royalties are paid to it. • In the UK copyright in the song will expire 31 December, 2016 (70 years after the death of Patty Hill.

Crown Copyright Material produced by a servant or officer of the Crown in the course of their duties 50 Years from first broadcast or publication

Primary Infringement Any of the following without the consent of the rights owner Copying / Reproducing Distributing Public performance Adaptation Lending or renting Making available Communication to the public IGNORANCE IS NO DEFENCE

Jacobus Rentmeester staged and shot a photograph for US magazine Life as part of a special edition for the 1984 Summer Olympics in Los Angeles Nike paid Rentmeester $15, 000 for a limited licence to use the image for 2 years Nike continued to reproduce the photo after that two-year period elapsed and used it to create its ‘Jumpman’ logo

Secondary Infringement Any of the following without the consent of the rights owner Selling Importing Possession for business purposes Facilitating primary infringement Only guilty if done knowingly, or if you ought to have known

‘Exceptions’- permitted acts There a number of limited exceptions to copyright, which allow works to be used without the permission of the copyright owner. Exceptions exist for the following purposes: Private study News reporting Criticism / reviews Education, libraries Research Some official reports ‘Time-shifting’ of broadcasts Visual impairment Incidental inclusion

Locating the copyright owner The author or theirs The author’s employer or Anyone else own the rights A collecting society To located these you could Contact the appropriate collecting society Contact the author’s publisher Search on the internet Search for a member of the author’s family Use “WATCH” – (Writers, Artists and Their Copyright Holders)

Remedies Damages – Putting the plaintiff in the position he would have been had the tort not been committed Injunctions – prohibiting an act or ordering an act Accounts (of profits) – prevent unjust enrichment of the defendant Delivery up – an order that the infringing copies are given to the plaintiff

Copyright for Business Mark work with the international copyright symbol © Record the work in some way Electronic fingerprints Look at licensing and assignment opportunities Regularly review contracts (business and employees)

Collecting Societies Rights administered for the benefit of authors/owners PRS for Music Phonographic Performance Limited (PPL) Video Performance Limited (VPL) Authors Licensing and Collecting Society (ALCS) Copyright Licensing Agency (CLA) Newspaper Licensing Agency (NLA) The Design and Artists Copyright Society (DACS) The Copyright Tribunal

Harry Beck 1933

How to get copyright protection • No official register, no forms, no fees • Special delivery post, date stamped and unopened • Lodge the work with a solicitor/IP specialist • Unofficial registers

Unofficial registers • Costs – one off, regular payments, per item? • Help with infringement or just recordal? • Better than your own evidence? Note: registration does not prove ownership, only that the work existed

Orphan works • Diligent search before something can be used as an orphan work is key to the scheme. • Commercial and non-commercial uses of orphan works in the UK will both be permitted. • This permission should come at an appropriate price – a market rate, to the extent that one can be established. • This price should be payable in advance (or at agreed times if there is a royalty element). • Licences will, necessarily, be non-exclusive. • Moral rights should be respected and protected. • The deliberate stripping of metadata to ‘orphan’ works is already potentially subject to criminal sanctions and the Government will maintain that position to deter such behaviour.

Orphan works • There will be a registry of orphan works. • Works of unknown copyright status, such as where the work is over 70 years old and the date of death of the author is unknown, will be within scope of the scheme. • A large part of the collections of museums, libraries, and archives are unpublished, unique works, the Government is minded to include some unpublished works in the scope of the scheme. • The scheme will not take the form of an exception to copyright, but will be based on authorisation by an independent body. • The UK scheme will be compatible with the emerging European system

Orphan works licensing scheme • from October 2014. It will be a licensing scheme run by the IPO, supported by an electronic register so that right holders can be reunited with their works

Personal copying for private use • Allowing you to make personal copies to any device that you own, or to a personal on line storage medium. • Still illegal to give other people access to the copies you have made or the personal storage medium. • This includes CD’s , Films, DVD’s, e-books but excludes computer programs. • If you give away or resell media, the copies will infringe and should be deleted

Quotation • Allowing quotations to be used more widely as long as it falls within “fair dealing” • Each case will depend on the specific facts • The use of a title and short extract from a book in an academic article may be permitted • Authors, academics and bloggers may benefit

Parody, caricature and pastiche • Limited uses of copyright material for the purposes of caricature, parody or pastiche without having to obtain permission of the rights holder. • Must be considered fair and reasonable (fall within the scope of fair dealing) • Does not affect the right of the owner to object to derogatory treatment of the work.

What is fair dealing? • A legal term used to establish whether the use of the work is lawful or infringing. • No statutory definition, each case will be considered Factors include: • Does the work affect the market of the original work, loss of revenue etc • Is the amount taken reasonable and appropriate

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Gov. uk/ipo - 0300 2000 Information@ipo. gov. uk

9 On line IP Healthchecks IP Healthcheck Patents, Trade marks, Designs & Copyright International Trade marks Confidential Information Free online diagnosis Licensing and exploiting your IP

Thank you Gary Townley gary. townley@ipo. gov. uk @The_IPO