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Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Copyright and related issues for SMEs
Vivien Irish
Consultant Patent Attorney
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Copyright works
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Literary copyright I Earliest dispute in AD 460, an Irish monk, later Saint Columba, copied a
collection of religious writings. The King held this was wrong.
Over 1000 years later, first copyright laws were enacted.
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Turkish Copyright Law (Act 5846)amended in 1995
Berne Convention 1886TRIPS – Trade Related aspects of Intellectual Property rights – recognises that Berne provides adequate basic standards of copyright protection
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
TRIPS confirms that copyright :-- applies to expression not ideas- lasts at least life of author + 50 years- covers computer software
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Literary Copyright IIBooks, letters, reports, any words on paper or screen- provided they are original, but no test for literary merit
Computer software is a literary work
Compilations and databases are protected in a similar way to copyright(WIPO Copyright Treaty 1996)
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Artistic Copyright
drawings, paintings, sculptures, works of artistic craftsmanship, architectural works
provided they are original, no test for artistic merit
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Other copyright works
films, sound recordings, broadcasts, cable programmes, music, plays, typefaces, typographical editions
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Exclusions from copyright Ideas, discoveries, methods or principles of construction, illegal or immoral works
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
How and how long?
Protection is automatic, no registrationTurkey – 70 years from publicationWIPO – life of author + 50 yearsSome countries – life of author + 70 years
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Author and owner in TurkeyPerson who writes or draws or composes is the authorIf that person is an employee, the employer owns copyrightIf that person is a freelance, the author owns copyrightIf that person works under a commission, the person paying the fee owns copyright
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Marking
© Vivien Irish 2004CopyrightCopr.
In Turkey, marking is compulsory for some products, eg videos, films, musical works
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Scope of protection
Owner of copyright can stop others from:-using or copying the workimporting, selling, hiring, distributing infringing copiesproviding means to make infringing copies
MUST show that there has been copying
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Not infringement
- copying or use privately - copying for commercial research- reporting current events- criticism or review
plus educational exceptions
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Remedies
Civil or criminal offenceCivil – injunction to stop the misuse, payment of damagesCriminal – fine and-or imprisonment
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Moral Rights
• Paternity right – the right to be named• Integrity right – the right to object to distortion or
mutilation of the work• False attribution – the right to prevent false
naming• Privacy right – for photographs, the photographer
owns the copyright but the person in the photograph can control its publication
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Computer programs I “buying” software = paying for a copyright licence, to load the program onto a PC, to run the program on the PC
Licence sets out what is permitted eg load on only one PCeg load onto a network of x PCs
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Computer programs II
“Shrinkwrap” licencesoftware packaged in transparent filmlicence terms visible through the filmbreaking the film = accepting the licence
“Clickwrap” licencesoftware distributed via Internetbefore download, licence terms displayedclicking box for “yes” or “accept” means the licence terms apply
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Success through copyright (1)
20/20 Speech Ltd, Malvern, England
Formed in 1999
Derived from MOD Speech Research Unit
Works with speech processing software
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
Success through copyright (2)
Exclusive patent licence from MOD
Plus its own patent rights developed later
Trademark “AURIX” assigned from MOD
Develop and supply speech synthesis and speech recognition software
Supply consultancy to MOD
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
20/20 Software products (1)
Speech recognition – in cars and PCs
low memory solution
Text-to-Speech synthesis software – for PDAs and low memory portables
Speech recognition – align text and audio, eg for legal transcripts
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
20/20 software products (2)
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
20/20 Speech licences
Copyright licenses:
1.20/20 to supplier, supplier sells access time
2. 20/20 to supplier, supplier to end user for one-off license fee, end user loads PC or PDA
1+2. Conditions - supplier agrees to use TM Aurix® and not to change the software
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
20/20 speech success
Since 1999 and with 27 staff:
14 licences granted
5 in USA, 7 in UK, 1 in Japan, 1 in Australia
Commercial income doubled in 2002/03
Vivien Irish, Patent Attorney, WIPO and TPI, January 2005
The end
thank you