Dubai, 20 December 2010 Creative Expression Benefiting from your copyright and using the copyright...

Dubai, 20 December 2010

Creative ExpressionBenefiting from your copyright and using

the copyright works of others in your business

Ana Ramalho, LL.M.

Researcher

IViR – Institute for Information Law

University of Amsterdam

WIPO – Training of Trainers Program


Outline

1 – Copyright basics

2 – Related rights

3 – Ownership

4 – Making use of your copyright

5 – Making use of someone else’s copyright

1. Copyright basics 2. Related rights 3. Ownership4. Making use of your

copyright5. Making use of someone

else’s copyright


5. Making use of someone else’s copyright

4. Making use of your copyright

3. Ownership2. Related rights1. Copyright Basics1. COPYRIGHT

BASICS

WHAT IS COPYRIGHT?

• COPY + RIGHT

• EXCLUSIVE RIGHTS (economic + moral)





BASICS

WHAT DOES COPYRIGHT PROTECT?

Creative works

Original

Expressed in a certain form





BASICS

Originality:

“genuineness”

“distinctiveness”





BASICS

Written Visual Spoken Sound-based

Motion-based

3D Digital

•Novel•Poem•Article•Essay•Play•Operating manual for machines•Product catalogue

•Painting•Industrial Design•Artwork on labels and packaging•Photo

•Lecture•Speech

•Song•Ring tone

• Film•Dance

•Sculpture•Building•Industrial Design

•Computer Program •Database





BASICS

WHAT DOESN’T COPYRIGHT PROTECT?

• Ideas, concepts

• Methods

• Factual information, news

In some countries: Government works, names, titles, slogans





BASICS

• Official documents

• Works transferred to public property

…unless compiled or arranged in a creative manner





BASICS

ECONOMIC RIGHTS• Reproduction• Communication to the public

(display, perform)/making available to the public (internet)

• Distribution (sell and in some cases rent or lend)

• Adapt or translate Transferable





BASICS

reproduction, selling

adapting

Renting, making available on the internet, selling





BASICS

MORAL RIGHTS

• Paternity/acknowledgement• Integrity (object to mutilation or

distortion)

Some countries (UAE): withdrawal; disclosure Non-transferable





BASICS

WHERE IS COPYRIGHT VALID?

- Copyright protection is territorial

- BUT: Principle of national treatment in international treaties: a signatory country has to grant the same protection to foreigners as it does to nationals





BASICS

- Berne Convention – 164 countries

- WIPO Copyright Treaty – 88 countries

- TRIPS Agreement – 153 countries





BASICS

HOW LONG?

creation Death of author

70 yearsEU, USA

Economic

Rights

50 yearsUAE

Moral Rights In some countries perpetual, in others expire together with economic rights





BASICS

CASE STUDY

SME success story: Shiffa, Dubai

What can copyright protect here?





BASICS

CASE STUDY II

Software license

- Back up copy?

- Adaptation of software?

- Install in multiple computers?

1, with acknowledgement of legitimate acquisition

See license

See license




3. Ownership2. Related Rights1. Copyright basics2. RELATED RIGHTS

RELATED RIGHTS

= Rights given to persons or entities other than the author that also play an important role in bringing the work to the public





RELATED RIGHTS

Performers Actor

Musician

Dancer

Singer

Snake charmer

Producers of

sound

recordingsPolygram, BMG,

etc

Broadcasting

OrganizationsMBC, Dubai dot FM,

etc





RELATED RIGHTS

Performers

- Fixation

- Reproduction

- Communication

to the public/making

available

- Distribution

- Paternity+integrity

Producers of

sound

recordings

- Reproduction

- Distribution

- Making available

Broadcasting

Organizations

- Fixation

- Reproduction

- Rebroadcasting

- Communication to

the public





- Rome Convention – 91 countries

- WIPO Performances and Phonograms Treaty – 87 countries

- TRIPS Agreement – 153 countries





HOW LONG?

Fixation

Performance

Broadcast

50 yearsEU, UAE for performers and producers

20 yearsUAE for broadcasting





1 WORK = Copyright + Related Rights

Example:

• Copyright = music + lyrics

• Related rights = performances (musicians/singer) + sound record + broadcast program




3. Ownership2. Related rights1. Copyright basics 3. OWNERSHIP

WHO is the owner of copyright and RR?

Author ≠ Owner

creation exploitation





When is the owner not the author?

- Assignment or transfer of rights

- Works created by employees

- Commissioned or especially ordered works

- Works created by several authors





(1) Works created by employees

- In some countries the employer owns the copyright automatically, unless agreed otherwise

- In other countries the transfer of rights to the employer should be set in the employment contract





(1) Works created by employees – example

Barbie vs. Bratz

Photo: Craig Sillitoe





(2) Commissioned or especially ordered works

- In most countries the author owns the copyright and the person who ordered the work will have the right to use it for its agreed purpose

- In some countries and for certain works the person who ordered will be the copyright owner





(2) Commissioned or especially ordered works - example

Bob Marley’s family vs. UMG Recordings





(3) Works created by several authors

Joint works

Collective works

Derivative works

Inseparable/

interdependent

Joint ownership of the whole work

Separable/

independent

Independent ownership of parts of the work

Separable/

independent

Independent ownership of different works





(3) Works created by several authors - example

Joint works Collective works Derivative works



4. Making use of your Copyright

3. Ownership2. Related rights1. Copyright basics4. MAKING USE OF YOUR

COPYRIGHT

Advantages of using your copyright:

Control commercial exploitation = competitive advantage

Generate income (selling, licensing)

Get financing – using copyright as a collateral

Build up an image/brand





COPYRIGHT

SELL• Original

work/copies• “First sale”/

no economic use

• Keep ©

LICENSE• Rights• Economic

use• Keep ©• Exclusive/

non-exclusive

ASSIGN• Rights• Transfer of

ownership





COPYRIGHT

Example:License: • License the reproduction +

distribution to publisher Random House in US

• License the reproduction and distribution to publisher Editions Lattes in France

• License the creation of derivative work to Sony





COPYRIGHT

Example:

Sell copies of the book:

Buyer cannot• Make copies and sell• Make the movie





COPYRIGHT

Example:

Assign:

Assignee will be the new owner.

He can authorize• Reproduction• Distribution• Creation of derivative works





COPYRIGHT

Licensing – rules of thumb

- Define scope as clearly as possible

- Limit the scope (specific needs/non-exclusive)

- On your own/ through agency


5. Making use of someone else’s Copyright


3. Ownership2. Related rights1. Copyright basics5. MAKING USE OF SOMEONE

ELSE’S COPYRIGHT

WHEN do you need permission?

• Work is covered by copyright/related rights

+

• Use implies an exclusive right

+

• Use is not covered by limitation/exception





ELSE’S COPYRIGHT

• Personal or private use

• Quotations• Parodies or

criticism• Teaching and

researching

Limitations/Exceptions

• Personal use (1 copy)

• Use in judicial procedures

• Presentation of publicly displayed fine arts in broadcasting





ELSE’S COPYRIGHT

Process to get a permission

1st step

Clarify if the work is protected

- Use of copyright notice or

- Search in the registrar/agencies:

- Ministry of Culture





ELSE’S COPYRIGHT


2nd step

Identify the copyright owner

- Contact publishers, record producers, distributors

- Rotana (www.rotana.net)





ELSE’S COPYRIGHT


3rd step

Negotiation and conclusion of licensing agreement

- Key points: scope, remuneration, precise terms and conditions of use





ELSE’S COPYRIGHT

Practical tips to avoid infringement:

Raise awareness

Obtain written consent

Use notices warning about infringement




else’s copyright

In short…

Copyright grants creators economic and moral rights in their creations

Copyright protects both analogical and digital works

Works are protected from the moment of their creation




else’s copyright

In short…

Related rights grants performers, producers of sound recordings and broadcasters legal protection for their contributions

One work = several layers of rights

Author ≠ Owner




else’s copyright

In short…

Make use of your copyright: license, sell, assign!

Usually you will need permission to use someone else’s copyright, but first clarify if the work is protected and who the owner is

There are exceptions to copyright (personal use, quotations, teaching, etc)


[email protected]

Thank you!

Questions?


1. Copyright basics

2. Copyright industries and copyright

3. Assuring copyright protection



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Dubai, 20 December 2010 Creative Expression Benefiting from your copyright and using the copyright...

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