Module 6 Intellectual Property and Copyrights Licensing.pdf

CC0002 Navigating the Digital World Module 6: Intellectual Property and Rights Licensing Presented by Teo Yi-Ling © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Overview Overview of intellectual property rights and copyright law Basics of contract law Dealing with IP/copyri...

CC0002 Navigating the Digital World Module 6: Intellectual Property and Rights Licensing Presented by Teo Yi-Ling © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Overview Overview of intellectual property rights and copyright law Basics of contract law Dealing with IP/copyright contractually: Licensing and assignment © 2021 Nanyang Technological University, Singapore. All Rights Reserved. OVERVIEW OF DIFFERENT IP RIGHTS © 2021 Nanyang Technological University, Singapore. All Rights Reserved. What is Intellectual Property (IP)? Creations resulting from the exercise of the human brain​ ⁃ Examples include inventions, designs, ideas, plant hybrids, music, poems, paintings, photographs, logos, books, films, cartoon characters​, trade secrets. Bundle of legal rights protecting such creations, i.e., intellectual property rights (IPRs) IP law recognises that creators have the right to protect their work​. ⁃ IP law gives legal rights to IP creators, allowing them to control and exploit the use of their IP for a specific period of time. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Different Types of IP Patents Inventions Copyright Trademarks Original and related works Signs used in business Other types of IP - Registered designs - Plant varieties - Geographical indications - Layout design of an integrated circuit © 2021 Nanyang Technological University, Singapore. All Rights Reserved. IP Confidential information Non-public and valuable information Why Protect IP? Provides motivation for creators​ Encourages constant creation and innovation © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Allows creators to exploit their works for commercial gain​ Allows creators to defend their works from infringement​ COPYRIGHT BASICS © 2021 Nanyang Technological University, Singapore. All Rights Reserved. A Quick Exercise! Draw a tropical island including ⁃ a palm tree, ⁃ the sun, ⁃ the sea, and ⁃ sand! Write your name, the © symbol and the year on it. We will discuss fundamental copyright concepts as you are drawing. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. What is Copyright? Copyright is the right to prevent the unauthorised copying of the tangible form in which a person has chosen to express his ideas, for example in a: ⁃ Short story, musical composition, theatre script, painting, computer programme, photograph, movie or video game It can be described as a bundle of exclusive rights belonging to the copyright owner​. ⁃ Allows owners to enforce their rights against infringement​ ​Singapore’s copyright law is governed by the Copyright Act. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Criteria for Protection Copyright protection arises automatically by operation of law, so long as certain basic criteria are satisfied: ⁃ Falls within the categories of protection ⁃ Fixed in tangible form ⁃ Original o Work was created independently by the author. ⁃ Author/creator is a Singapore citizen or PR © 2021 Nanyang Technological University, Singapore. All Rights Reserved. How Does Copyright Protect? © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Form of expression, and not the idea or information itself. Idea or information is protected by different means​. Many different media or forms of expression can be protected​. Expression must, as a general rule, be original. No need for registration formalities. Copyright arises “as soon as the ink dries”.​ The Idea–Expression Dichotomy Copyright protects the “form” of an idea and NOT the idea itself. No need for novelty so long as there is independent creation. Artistic merit is not a requirement for copyright to attach to a work—too subjective. Let’s think about your tropical island drawings! 1 2 © 2021 Nanyang Technological University, Singapore. All Rights Reserved. 3 4 5 Ideas and concepts Discoveries Procedures (e.g., a research finding) (e.g., steps in applying for a grant) Any subject matter that has not been reduced to a tangible form Works in the public domain Methods (e.g., solution to a mathematical problem) Unprotectable Matter © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Exclusive Rights in Copyright Exclusive rights applicable to different types of subject matter: Literary, dramatic or musical works Reproduce the work in a material form Publish the work if the work is unpublished Perform the work in public Communicate the work to the public Make an adaptation of the work Do any of the above in relation to an adaptation of the work Sound Recordings Make a copy of the sound recording Enter into a commercial rental arrangement in respect of the recording Publish the sound recording if it is unpublished Make available to the public a sound recording by means of, or as part of, a digital audio transmission © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Cinematograph films Artistic Works Make a copy of the film Reproduce in material form Cause the film, insofar as it consists of visual images, to be seen in public Publish the work if the work is unpublished Communicate the film to the public Communicate to the public Exclusive Rights in Copyright Exclusive rights applicable to different types of subject matter: TV and sound broadcasts Cable programmes Make a cinematograph film of TV broadcast or a copy of film Make a film of visual images, or a copy of such film Make a sound recording of TV/sound broadcast or a copy of recording Make a sound recording of the work or a copy of such sound recording Cause it to be seen/heard in public by paying audience Cause work to be seen or heard by paying audience Communicate the work to the public Communicate to the public © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Published editions Make a reproduction of the edition, including by way of a photographic process Duration of Protection Literary, dramatic, musical and artistic works Life of author plus 70 years from the end of the year in which the author died Published editions 25 years from the end of the year in which the edition was first published Sound recordings and films 70 years from the end of the year of release Broadcasts and cable programmes 50 years from the end of the year of first broadcast Performances 70 years from the end of the year of the performance © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Overlapping Copyright One product may contain a variety of copyright works Lyrics MUSIC ALBUM with SONGS Musical work Sound recording Purchasing a physical product does not give rights to underlying copyright work(s) (e.g., purchasing an original music CD does not give right to make copies) © 2021 Nanyang Technological University, Singapore. All Rights Reserved. *Person who creates/authors the work automatically owns it from the moment of creation* EXCEPT: Who Owns the Copyright? Employment: If the work is created by an employee pursuant to the terms of his employment, the employer owns the copyright in the work. By agreement: The author can agree to transfer some or all of his rights. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Who Owns the Copyright? Joint authors: Where work is created jointly by more than one author, the authors are all co-owners of the copyright in the work Concept of joint authorship: Where more than one author creates inseparable or interdependent parts of a whole​ work E.g., two trainers involved in creating the training materials for a course © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Contributions must be original material expression, not just ideas or noncopyrightable materials​. BASICS OF CONTRACT LAW © 2021 Nanyang Technological University, Singapore. All Rights Reserved. What is a Contract? Definition of a contract: “An agreement giving rise to obligations which are enforced or recognised by law” It is a voluntary agreement between two or more parties. The law exists to govern and regulate the parties’ relationship in such agreements. It can be verbal or written, simple or complicated. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Function of Contracts All these go towards overall risk management of the situation that is the subject of the contract: Set out extent of agreement Provide certain guarantees Identify and clarify rights and obligations Allocate risk Set performance standards Provide how non-fulfillment of obligations should be dealt with © 2021 Nanyang Technological University, Singapore. All Rights Reserved. What the Law of Contract Covers Formation of contracts ⁃ Elements required for a contract to exist Contents (terms) of a contract Performance of terms of the contract by its parties Remedies when there is non-fulfillment of either party’s obligations (breach) © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Elements of a Contract OFFER Indication by offeror of willingness to contract ACCEPTANCE Absolute and unqualified—must be communicated to offeror INTENTION TO CREATE LEGAL RELATIONS Reasonable to conclude from conduct of parties of their intention to be legally bound © 2021 Nanyang Technological University, Singapore. All Rights Reserved. CONSIDERATION Usually indicated by price or the carrying out of an act in return for the benefit CAPACITY - Parties must have the capability to enter a contract - Issue of minors (below age of 18) and impaired mental capacity Elements of a Contract OFFER ACCEPTANCE CONSIDERATION INTENTION TO CREATE LEGAL RELATIONS CAPACITY Once all these elements are in place, a contract is deemed to be FORMED. Absence of any one of these means that no contract is in existence. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Set out and determine the rights and obligations of respective parties Contractual Terms and Performance Provide for how obligations are to be performed Provide for how risks are to be allocated Provide for how the contractual relationship is to be regulated © 2021 Nanyang Technological University, Singapore. All Rights Reserved. How it begins, carries on, ends or is renewed Common Terms in Contracts Purpose of contract/description of collaboration ⁃ What is the aim of the contract? Payment/Fees ⁃ How much and how is payment to be made? Rights and obligations of each party Duration/Termination ⁃ How long is the contractual relationship going to last? How will the contract end? Warranties (fundamental promises) ⁃ Basic assurance that the contract can be carried out effectively Dispute resolution ⁃ How will disagreements be resolved? © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Breach and Remedies Contract is breached when there is nonperformance of a term. Does not automatically terminate contract! Breach entitles the wronged party to demand cure of the breach from the other party, as well as financial compensation (damages) if there is loss. ⁃ May also be entitled to terminate contract © 2021 Nanyang Technological University, Singapore. All Rights Reserved. DEALING WITH IP AND COPYRIGHT © 2021 Nanyang Technological University, Singapore. All Rights Reserved. You already have an understanding of the law of contract. Using Contracts With IP You now have a general understanding of IP, and copyright. Contracts combined with IP enables you to transact/deal with IP usage. Words you need to be familiar with: Permission, release, licence, assignment, clearance © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Dealing With IP The law regards intellectual property as a type of personal or movable property IP is capable of being owned and dealt with as other types of personal property. In other words, you can buy, sell, lease/hire out, or give away IP. ⁃ It has commercial value. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Dealing With IP Two KEY methods that are used in dealing with IP: License (verb) Licence (noun) © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Assign (verb) Assignment (noun) Licence: Definition A licence is a type of contract that gives permission to the holder/recipient to carry out a certain act, which would be infringing in nature otherwise. A licence gives the owner the ability to use or exploit intellectual property commercially, most commonly requiring a fee in return for the grant of the licence. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Licence: Types and Uses Non-exclusive licence ⁃ Granted to more than one person Exclusive licence ⁃ Granted to one person only Where do you see licences being used? ⁃ All social media platforms ⁃ All SaaS platforms ⁃ All media aggregation platforms where works can be accessed for use © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Assignment: Definition An assignment is another type of contract. ⁃ Legal meaning of “assign”: To regard as belonging to ⁃ Must be in writing and signed by or on behalf of the assignor © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Assignment: Legal effect Under the assignment, the assignor (person making the assignment) transfers all entitlement and ownership rights that are the subject of the assignment to the assignee (the person receiving these rights). The assignee is now the new owner of the property. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Licensing Assignment Grants someone else (other than the IP owner) the right to use the IP Transfers the entire title and interest in someone’s IP to another Less costly More costly IP owner remains in control IP owner gives up control © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Licensing vs. Assignment Consider at the outset if you want to own or license (“hire”). ⁃ Remember the difference between assignment and license of IP rights. If someone is creating something new for you, and you wish to have complete control over it, you may want to take an assignment of the IP rights in the thing created. If there is an IP already created by someone else that you wish to USE for a specific reason, you may want to just license the IP. There will be cost differences! © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Assignment of Rights The Writer hereby assigns to the Company all copyright, title, interest and all other rights (including all vested future and contingent interests and rights) concerning the Story, the characters depicted in it and all other output of the Writer’s Services conferred under the laws of any country throughout the world (whether now in force or which may be enacted, promulgated or come into effect in the future) for the use and benefit of the Company fully for the entire period or periods of copyright protection including all reversions, renewals and extensions, provided by the laws of any country throughout the world. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. License of Rights In consideration of the Publisher paying the Advance Payment and the Royalty to the Author, the Author grants to the Publisher for a period of ______ years, beginning on _______ or date of this Agreement] until _________, the sole and exclusive right to publish, use, and license the Work and any parts of it in all media now known and yet to be invented, including but not limited to all methods of publication and reproduction including hardback, paperback, e-book/digital, serialization, translations, anthologies, quotations, mechanical reproduction, television, radio, theatre, film, media merchandising and the Internet in the Territory for the entirety of the Licence Period. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Please Note… The way a licence is worded can make it almost as strong or effective as an assignment Thus, it is important to understand the language used in licences and assignment agreements. © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Licensing and Assignment IRL Now that you understand IP rights, licensing, and assignment, find out more from the following sites how IP rights are managed online as well as offline: ⁃ Creative Commons licences: https://creativecommons.org/ ⁃ Collective Management Organisation: https://www.wipo.int/copyright/en/management/ © 2021 Nanyang Technological University, Singapore. All Rights Reserved. CC0002 Navigating the Digital World Module 6: Intellectual Property and Rights Licensing Presented by Teo Yi-Ling © 2021 Nanyang Technological University, Singapore. All Rights Reserved. Acknowledgements Arranged in order of appearance: Cover slide and section dividers: simpson33. (2021). 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Businesswoman signing a contract document [Photograph]. iStockphoto LP. https://www.istockphoto.com/photo/business-woman-signing-a-contract-document-on-office-teamwork-successful-meeting-gm856634504143277991 weerapatkiatdumrong. (2015). Stethoscope and lock on keyboard [Photograph]. iStockphoto LP. https://www.istockphoto.com/photo/checking-computer-security-system-gm483815772-70854667 Motortion. (2019). Copyright licence agreement [Photograph]. iStockphoto LP. https://www.istockphoto.com/photo/copyright-license-agreement-lying-on-table-pen-and-eyeglasses-on-document-gm1158250272-316331651 damircudic. (2020). Woman working from home [Photograph]. iStockphoto LP. https://www.istockphoto.com/photo/young-woman-working-from-home-gm1221479375-358071663 greenleaf123. (2018). Close-up of a person's hand stamping a document [Photograph]. iStockphoto LP. https://www.istockphoto.com/photo/close-up-of-a-persons-hand-stamping-with-approved-stamp-on-document-at-desk-gm1007078074271753444 © 2021 Nanyang Technological University, Singapore. All Rights Reserved. 44 © 2021 Nanyang Technological University, Singapore. All Rights Reserved. 45