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Simon Rowell
- 1. DIGITAL PUBLISHERS’ GUIDETO INTELLECTUAL PROPERTY Simon Rowell, Partner
- 2. Digital Publishers’ Guideto IP • Protecting your brand • Understanding copyright • Securing ownership of copyright in digital works • Licensing of copyright in digital works • Confidential Information
- 3. A. Protecting yourbrand
- 4. Common law vregistered trade marks Conduct a search prior to use – territory? Pick a distinctive mark File trade mark applications o Word mark o Logo o Colours? o Book titles?
- 5.
- 6. Works protected bycopyright o Literary (includes software and compilations), musical and artistic works o Sound recordings and films o Typographical arrangements of published editions o Communication works Communication work means a transmission of sounds, visual images, or other information, or a combination of any of those, for reception by members of the public, and includes a broadcast or a cable programme
- 7. Works protected bycopyright Note, a digital work may comprise one or all of the foregoing works
- 8. Originality • Sufficient independentskill, judgement and labour went into creation – Nine Network television programming schedule: Yes – NO FEAR t-shirt slogans: No • Not itself copied
- 9. Exclusive rights ofcopyright owner o To copy or issue copies o To perform, play or show the work in public o To communicate the work to the public o To adapt the work o To authorise others to do the above
- 10. Exceptions to theowner’s exclusive rights • Fair dealing • Education • Libraries and archives • Format shifting • Internet service provider liability
- 11. Duration of copyright • Literary, artistic, dramatic and musical works: 50 years after death of author; • Sound recording or film: 50 years from date made or made available to the public (whichever is longer) • Publishers’ copyright: 25 years after publication • Communication work: 50 years from first communication to public
- 12. Infringement of copyright • Takes a substantial part • Importance of the part taken • Is objectively similar • Assessment of overall similarities: “a copy is a copy if it looks like a copy” • There is a causal connection • Some copying has actually occurred
- 13. Idea v Expressionof Idea
- 14. C. Securing ownershipof copyright [Image used on www.spicyindia.blogspot.com (4 Dec 2007)]
- 15. Securing ownership ofcopyright • Copyright automatically exists • Employee authors • Commissioned works – text v illustrations • Assignments • Marking with © symbol recommended • Retaining drafts recommended
- 16. Securing ownership ofcopyright • Works contributed by members of the public • Important to include terms of submission, to clarify ownership / licence terms (eg open source, creative commons) • Wikipedia terms: To grow the commons of free knowledge and free culture, all users contributing to Wikimedia projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, as long as the use is attributed and the same freedom to re-use and re- distribute applies to any derivative works.
- 17. D. Licensing copyrightin digital works
- 18. Owner’s permission toperform a restricted act • Author’s licence direct to digital publisher • Book publisher’s sub-licence to digital publisher • Digital publisher’s licence (as © owner) or sub-licence (as licensee of author) to a syndication partner, subscriber, ISP or other third party • One to many licence – GNU GPL or Creative Commons
- 19. Publishing licence •Identification of work(s) • Rights licensed – book, audio book, digital book, TV and film rights, merchandise rights, etc • Duration • Territory • Royalties • Sublicensing
- 20.
- 21. • Exists bycontract or by circumstance • Submission or receipt of project ideas • Employees
- 22.
- 23. • Territorial • Patentablesubject matter varies • Novelty • Inventive
- 24. C. Questions? [Image releasedto the public domain - http://commons.wikimedia.org]
- 25.