francis davey 'a smattering of ip
DESCRIPTION
Presentation given at Open GLAM Legal Clinic @ the Wellcome Collection, 24.11.11TRANSCRIPT
A SMATTERING OF IPFrancis Davey
What is intellectual property?
• A kind of property
• created by statute
• devolve like property by will or intestacy
• attract proprietary rights (protection via injunction, account of profits etc)
• assignable etc
• Each carries a bundle of “rights”
• may only be done with the owner’s permission
• exercising right without permission is normally an infringement
• many and complex exceptions
UK intellectual property
• Patents
• Copyright
• Performer's property rights
• Database right
• Designs
• Registered designs
• Design right
• (semiconductor topography)
• Community designs (registered and unregistered)
• Plant breeders' rights
• Trade Marks
Duration
Copyright, except: Life + 70 years
broadcasts 50 years
sound recordings and rights in
performance
50 years 70 years
typographical editions of published works 25 years
Database right 15 years
Design right 15 years
(semiconductor topography) 10 or 15 years
Community unregistered design 3 years
Registered designs (UK + Community) 25 years
Patent 20 years
Plant breeder’s rights 30 years (potatoes, trees and vines)
25 years otherwise
Trade Mark Until revoked
Copyright
Copyright: LDM works
• Literary
• anything written, spoken or sung
• includes computer programs and preparatory work
• excludes databases
• Dramatic
• includes dance or mime
• Musical
• .. but none of the above
Artistic works
• Artistic works
• graphical work
• painting, drawing, diagram, map, chart or plan, and any engraving, etching,
lithograph, woodcut or similar work
• photograph, sculpture or collage
• ... artistic quality irrelevant
• work of architecture
• building
• model for a building
• work of artistic craftsmanship
• Photographs
• any record of light or other radiation
• not part of a film
Copyright: other works
• Films
• Sound recordings
• Broadcasts (and cable programmes)
• Typographical editions of published works
Copyright: rights
• Copying (all or a substantial part)
• Issuing copies to the public
• Renting or lending to the public
• Performing, showing or playing the work in public
• Communicate the work to the public
• Making an adaptation of the work
• or doing any of the above in relation to an adaptation
Rights in performance
• Live performances
• performers
• person having recording rights
• Some property rights
• copying
• issuing copies to the public
• rental or lending
• making available to the public
• Rights against illicit recordings
Copyright exceptions
• Temporary copies
• Fair dealing
• non-commercial research and private study
• criticism or review (of a work)
• news reporting (but not for photographs)
• Computer programs
• backup copies
• various reverse engineering exceptions
• Public interest
More exceptions....
Visually impaired 3
Education 6
Libraries 11
Public administration 6
Other 28
Total 54
Databases
• Database
• collection of independent works, data or other materials
• arranged in a systematic or methodical way
• individually accessible by electronic or other means.
• Database directive
• copyright – “own intellectual creation”
• database right
Database right
• Substantial investment
• obtaining
• verifying
• presenting
• Infringed by
• extraction
• re-utilisation
• Substantial part
• repeated insubstantial acts may become substantial
Fixtures Marketing etc
• Lists of football fixtures highly valuable
• First case, ECJ:
• you didn’t collect the information
• no rights for own data?
• Second case:
• its really creative so subject to database copyright
• anyway, UK database copyright survived
• referral to the ECJ