a b n 23 601 715 600

Matthew Hall January 2016

© i p protection ® governance © policy ® compliance © commercialisation ® strategy

Copyright myths debunked

In brief There are many widely held, misconceptions about copyright, how you prove authorship & how you can avoid infringement This presentation sets out to dispel some of the more common myths

Post your work to yourself

Does not

prove much at

all

Some people believe that, because there is no registration system, the only way to prove ownership of a copyright work is to mail it to yourself This proves that the work existed as at the date the envelope is stamped – and not much more No evidence of authorship or originality – both key in any © claim Doesn‘t do any harm, but it also doesn‘t do much good either

Change 10%

Quality not

quantity

Copying a small part of another work, which is distinctive, important or essential (e.g. a graph or table) can infringe

IMAGE CAN BE REPLACED

Text

I own it so can

listen wherever

I like

text

emphasis

Right to publicly perform

is separate

right

You own the physical media or have rights to a digital file

When you play the media or file, you do not make any copy (or any copy that Is made as part of the technical process is exempted under the Act) & need no further permission

Purchase did not include right to publicly perform the sound recording or the musical & literary works embodied in it

perform in non-

domestic setting

If the work can be heard by a member of the © owner’s “public”, licences are needed If the performance is not in a private or domestic setting it is likely to be a performance in public & licences are needed The position is the same with radio or TV programs (whether free to air or subscription)

personal use is

OK

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TEXT

TEXT

A lesser form of protection

Granted more quickly than a standard patent

Limited to 5 claims

Maximum term of 8 years

For time or format shifting

Many personal or private uses are allowed without the owner’s express permission – including making copies to view at another time (time shift) or to move from one format to another (format shift)

Personal research or study can also be a fair dealing

But if there is not a specific exception, personal use is not a general defence to infringement

Will other traders think of the shape & want to use it for those significations?

GIVING IT AWAY

FOR FREE

Does the shape have any ordinary significations?

For example, is it functional, or dictated by physical requirements?

ü  Know what you are protecting ü  Can you control access or

ability to know how it works once in the market?

ü  Secure the most appropriate rights

ü  Have a strategy to make the most of those rights

ü  It may not be a strategy of locking up rights

You are still liable

& you may be ordered to pay significant compensation & legal costs to the owner Owner may choose between the damage it suffers OR the profits the infringer makes Owner is entitled to sue you to stop the conduct irrespective

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TextI can

email an article to mates or

around the office

text

emphasis

In limited cases

OK

More often than not, scanning & sending electronically (or copying & sending by post) requires permission

When sending electronically, send a link to a legitimate copy of the document you want to circulate, instead of attaching a copy Alternatively, obtain a licence that allows this type of distribution, from Copyright Agency Limited

But I paid for it!

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TEXT

TEXT

A lesser form of protection

Granted more quickly than a standard patent

Limited to 5 claims

Maximum term of 8 years

& you own the physical

thing

But you don’t own the copyright UNLESS ©  Paid for separately

(and there is a written contract) OR

©  the person you paid is your employee, who created the work in the course of employment

I attributed

the author

Plagiarism is

separate from ©

Attribution is important for academic honesty & integrity It is also an important moral right that every author has, which can give rise to liability if not provided and it is reasonable I to do so However, attribution has no bearing on copyright or whether use of the work is with the permission of the copyright owner

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Text

Owner can’t be

found

text

emphasis

Orphan works

They may have lower risks, in practice, but are still infringed if used without permission of the © owner Similarly, the absence of a claim to copyright (such as © 2016 or all rights reserved) isn’t a free pass

It’s on the internet

Which means

nothing for ©

© i p protection ® governance © policy ® compliance © commercialisation ® strategy

For more information, or any help, please contact:

Matthew Hall managing director