School of Computer Science & Information Technology

School of Computer Science & Information Technology

G6DPMM - Lecture 13G6DPMM - Lecture 13

Intellectual Property RightsIntellectual Property Rights

Intellectual Property

IPR Protects all owners of Intellectual Property IPR Protects all owners of Intellectual Property (eg in multimedia owners of media, developers and publishers)(eg in multimedia owners of media, developers and publishers)

UK / International LawUK / International Law International : Berne Convention International : Berne Convention

for the Protection of Literary and Artistic Worksfor the Protection of Literary and Artistic Works (1886 - 1979) (1886 - 1979) UK : UK : Copyright, Designs and Patents ActCopyright, Designs and Patents Act (1988) (1988)

Areas of IPR:Areas of IPR: Patents Patents CopyrightCopyright Moral rightsMoral rights

Patents

Patent laws protect ideasPatent laws protect ideas

Least relevant aspect of IPR to multimediaLeast relevant aspect of IPR to multimedia

Software innovations (eg compression algorithms)Software innovations (eg compression algorithms)

Copyright

““The expression of an idea in material form”The expression of an idea in material form” Copyright is property, and may be bought or sold.Copyright is property, and may be bought or sold. Copyright is initially owned by the authorCopyright is initially owned by the author

In UK copyright lasts until 70 years after the death of the author In UK copyright lasts until 70 years after the death of the author (NB used to be 50 years)(NB used to be 50 years)

As copyright may be sold, depending upon contracts it may As copyright may be sold, depending upon contracts it may immediately pass to a third party (eg an employer or client).immediately pass to a third party (eg an employer or client).

Corporate copyright in US - 95 years from Corporate copyright in US - 95 years from publication or 120 years from creation (whichever publication or 120 years from creation (whichever is the shorter)is the shorter)

Copyright Material

TextText

Still ImagesStill Images

Movie FootageMovie Footage

MusicMusic

ScriptsScripts

PerformancesPerformances

SoftwareSoftware

Subdivision of rights

Size of extractSize of extract

Duration of licenceDuration of licence

Commercial threat to the ownerCommercial threat to the owner

Type of marketType of market

Leeway

1988 Copyright, Designs and Patents Act1988 Copyright, Designs and Patents Act

Defences for using material without Defences for using material without permission:permission: UK LawUK Law

““Fair use for the purposes of criticism and review”Fair use for the purposes of criticism and review” ““Insubstantiality”Insubstantiality”

US LawUS Law ““Fair use” includes: commentary, parody, news reporting, Fair use” includes: commentary, parody, news reporting,

research and education.research and education.

Guidelines for Clearance (1)

Clear rights ASAP during a projectClear rights ASAP during a project this can be a major bottleneck!this can be a major bottleneck!

Licence fees are negotiableLicence fees are negotiable educational or research projects are likely to attract much lower educational or research projects are likely to attract much lower

fees than commercial projects.fees than commercial projects.

Clearly define the nature and scope of the rights you wish Clearly define the nature and scope of the rights you wish to clear - don’t clear too few rightsto clear - don’t clear too few rights

Don’t clear too widely.Don’t clear too widely.

Guidelines for Clearance (2)

Retrospective copyright clearance can get expensive!Retrospective copyright clearance can get expensive!

Consider secondary clearance Consider secondary clearance ie payment of an extra fee when and if it is requiredie payment of an extra fee when and if it is required

Rights holders often break rights into tightly defined Rights holders often break rights into tightly defined segmentssegments Music broadcast may be analogue or digitalMusic broadcast may be analogue or digital Multimedia may be platform specificMultimedia may be platform specific Language specificLanguage specific

Beware wording of licences!Beware wording of licences!

Copyright Elements (1)People

Performers Performers mustmust sign a waiver. sign a waiver.

For minor appearances (eg street interviews) an “all For minor appearances (eg street interviews) an “all rights” waiver is appropriate.rights” waiver is appropriate.

For substantial contributions (eg narration) contracts For substantial contributions (eg narration) contracts and payment are required.and payment are required. AlwaysAlways required if professionals are used required if professionals are used NB there may be union regulationsNB there may be union regulations

Treat children (and students!) as any other contributor.Treat children (and students!) as any other contributor.

Copyright Elements (2)Text

Standard fees are usually calculated per thousand words.Standard fees are usually calculated per thousand words. vary wildlyvary wildly may be unrealistic (multimedia is new!)may be unrealistic (multimedia is new!)

Copyright Elements (2)Text

Standard fees are usually calculated per thousand words.Standard fees are usually calculated per thousand words. In negotiations describe the exact context the material is to be used.

If using text from books :– Check the acknowledgements (the publisher or author may not be the rights holder).

– Remember - graphs, tables, drawings, photographs etc. may not be owned by the author.

Copyright Elements (3)Photographs

Commercial photo libraries usually have standard charges.Commercial photo libraries usually have standard charges. Museums, libraries and private collections may be more Museums, libraries and private collections may be more

flexibleflexible Treat with caution - licences may have institutional Treat with caution - licences may have institutional

peculiaritiespeculiarities Make sure that they Make sure that they do do own the rights.own the rights.

Copyright Elements (3)Photographs

Commercial photo libraries usually have standard charges.Commercial photo libraries usually have standard charges. Museums, libraries and private collections may be more Museums, libraries and private collections may be more

flexibleflexible Don’t forget public domain archives - especially US government agencies (eg NASA) Photographs can incorporate several layers of rights (eg a photograph of an in-copyright painting). Composite photographs

Copyright Elements (4)Film

Footage usually licensed in 30 or 60 second Footage usually licensed in 30 or 60 second chunks chunks (avoid using 31 or 61 seconds!)(avoid using 31 or 61 seconds!)

Layers of rightsLayers of rights eg a filmed playeg a filmed play

Copyright Elements (5)Music

Avoid commercial recordings if at all possible.Avoid commercial recordings if at all possible. Usually expensive.Usually expensive. Record companies are often tied by artists contracts, and Record companies are often tied by artists contracts, and

may not be able to negotiate.may not be able to negotiate. They may seek to view your production before granting They may seek to view your production before granting

clearance.clearance. Layers of rightsLayers of rights

even if the music is out of copyright, both the even if the music is out of copyright, both the performance performance andand the recording are likely to be protected, the recording are likely to be protected, and possibly even the arrangement.and possibly even the arrangement.

Copyright Elements (5)Music

Hiring musician(s) may be more practicalHiring musician(s) may be more practical be careful if the music is not original!be careful if the music is not original!

Library (mood) music is much easierLibrary (mood) music is much easier Rights clearance is simpleRights clearance is simple Fees are fixedFees are fixed Catalogues containing a wide variety of styles are availableCatalogues containing a wide variety of styles are available

Short segments are usually licensed separatelyShort segments are usually licensed separately (ie 30x1 second clips will probably be charged as 30x30 (ie 30x1 second clips will probably be charged as 30x30

second units) second units)

Avoid commercial recordings if at all possible.

Copyright Elements (6)Software

International distribution International distribution maymay require separate require separate negotiation for each territorynegotiation for each territory Usually local distributors deal with thisUsually local distributors deal with this LocalisationLocalisation

Layers of copyrightLayers of copyright

Payment

One-off feesOne-off fees

Residual paymentsResidual payments A percentage of an original fee payable on the first A percentage of an original fee payable on the first

sale in any territory.sale in any territory. RoyaltiesRoyalties

A percentage of the sales income.A percentage of the sales income. Pay per usePay per use

Not yet important, but may be in the future.Not yet important, but may be in the future.

Moral Rights

1. The right for an author to be named1. The right for an author to be named

2.2. The right for an author to object to The right for an author to object to

“derogatory treatment”“derogatory treatment”

Moral Rights

In most countries moral rights are inalienable.In most countries moral rights are inalienable. But … not in the UK!But … not in the UK!

Subject to the author asserting the right to be namedSubject to the author asserting the right to be named There is the possibility of waiver for “derogatory There is the possibility of waiver for “derogatory

treatment”treatment” Be careful with non-UK sourced materialBe careful with non-UK sourced material If material is to be manipulated in any way then specify If material is to be manipulated in any way then specify

this at time of clearing.this at time of clearing.

Digital Millennium Copyright Act

US Act reforming copyright for digital mediaUS Act reforming copyright for digital media DMCA, 1998DMCA, 1998 EU followed in 2004EU followed in 2004 A few highlightsA few highlights

Fair use criteria tightenedFair use criteria tightened Makes it a criminal offence to circumvent anti-piracy measuresMakes it a criminal offence to circumvent anti-piracy measures ISP not liable for transmitting mediaISP not liable for transmitting media ISP are liable for media on their machinesISP are liable for media on their machines Webcasters must pay performance feesWebcasters must pay performance fees