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Doing The Rights Thing
Intellectual property has been a hot news topic recently. From the Chinese planning new IP laws to combat illegal downloads, and former FT Editor, Andrew Gowers leading an independent review into IP rights in the UK, to the thorny issue of digital rights management that has been highlighted with the French passing a new copyright law. The world of IP has been an eventful place of late. So, as a creative business or person, how do you protect, exploit and manage your intellectual property effectively? Cheryl Rickman, from Own It, provides a step-by-step guide.
What Is Intellectual Property?
From the music we listen to and the books we read, to the computer software and products we use in our daily lives, each is a product of human creativity, and that creativity is protected. It is these creations of the mind, once expressed, that make up intellectual property (IP).
There is no IP protection in the UK for ideas or concepts, only for expression of those ideas or concepts.
So, products, technical solutions and new inventions are protected by patents and design rights; literary, artistic, dramatic and musical works are protected by copyright; and brand names, words, sounds and even smells are protected by trade marks. (Even the 'smell of freshly cut grass' has been trade marked by a Dutch perfume company that uses it to give tennis balls their aroma).
Therefore, in business, everything, from your own designs, software, brand, packaging and logo should be protected. In a nutshell, all of your mental and creative 'outputs' can be transformed into tangible 'commodities' so that you can licence, sell, trade, divide or retain your rights to those 'commodities'.
What Can Be Protected And How So?
Patents protect inventions, design rights protect 2D and 3D designs and copyright protects dramatic, artistic, literary and musical works.
PATENTS: A patent is a legal document that grants the owner absolute rights (a monopoly) to produce, use or sell the patented product, and prevent anyone else using their innovation or invention. The document also describes the full technical workings of the invention in detail, so a patent protects ownership and usage, but not privacy).
Patent protection is granted for a period of 20 years from the date the patent application was filed. On expiration, the invention then enters the public domain and is available for others to exploit commercially. Patents provide recognition and financial reward and inspire future generations of inventors.
COPYRIGHT: Creators of original artistic, musical and literary works can protect their work with copyright. Copyright covers all forms of creative works, from books, paintings and films, to choreography, sound recordings and computer code, software, graphics and other digital media.
Copyright gives creators the exclusive rights to use or authorise others to use their work. The author, or freelancer or employer owns the copyright, rather than the publisher or employee, unless agreed otherwise. And copyright protection gives the owners rights to prevent copying, publication, broadcasting, distribution or hiring).
There is no need to register your copyright. Rather, copyright exists automatically as soon as an original piece of qualifying work is created. So, as soon as you write, upload or create your work, it is instantly protected by copyright.
Literary, dramatic and artistic works have immediate copyright protection that lasts until 70 years after the death of the creator. Computer generated works and performers rights last until 50 years after the creators death, while typographical arrangements are given 25 years protection. This is currently a thorny issue as the first wave of rock 'n' roll recordings, starting with Elvis, are about to go out of copyright in Europe. Not surprisingly, the UK music industry wants the current 50-year time limit extended.
Worth noting:
1. Employers own copyright, employees do not own rights to anything they've created in accordance with employment.
2. If you are freelance, you own the copyright, not the client, unless you have a contract for a service that assigns copyright to the commissioner of the work. So, usually, freelance or commissioned work will belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
TRADE MARKS: A trade mark is a "badge of origin" by which the public can distinguish the products and services of one business from another. (ie. Logo, slogan, brand name) A trade mark can be protected by registering it and a registerable mark must be distinctive and can consist of words, letters, numbers, images, drawings, symbols, smells and sounds, or a combination of these.
To be registerable, the mark must be distinctive and not identical or similar to a previously registered mark that applies to the same or similar goods or services. A trade mark registration must be renewed after 10 years.
A trademark that is registered gives the owner the exclusive right to use it or authorise someone else to use it. Protection usually lasts for 7-10 years or more and can be renewed. Registered trade marks are enforceable under trade mark law and use the ® symbol. Conversely, unregistered trade marks are not enforceable under trade mark law and use the TM symbol.
DESIGN RIGHTS: Designs can be protected too. Design rights can be registered or unregistered and rights exist for 2D and 3D designs, but don't protect the functionality of a design, only the 'ornamental or aesthetic aspect', ie. the appearance of a product resulting from its features, lines, contours, colours, shape, texture, materials or ornamentation.
The design must be novel and have individual character. If successful, protection can potentially last for up to 25 years, renewable ever five years.
Unregistered design rights exist automatically, like with copyright, and this lasts for 15 years, but must not be a common-place design.
Two important points for any budding designer to remember are:
1. Employers own design rights, employees do not own rights to anything they've created in accordance with employment. Especially important if you want to take a concept from your employment to market.
2. If pitching for a commission, it is the commissioner who owns the rights to the designs because you have been contracted to provide the service for them. Ordinarily, freelance/commissioned work copyright would belong to the author, but if you assign copyright through a contract when providing the service, the person commissioning you will own it. If in doubt, check who owns what.
MORAL RIGHTS: These are your rights to be identified as an author or creator of intellectual property. You can waive your moral rights via a release form. Some entrepreneurs using research students to help them develop products may ask that they waive their moral rights, or broadcasters using footage of performances.
Click here to read PART 2
Cheryl Rickman is the Author of The Small Business Start-up Workbook (http://www.smallbusinessworkbook.com) which has a Foreword written by Dame Anita Roddick Cheryl runs her own businesses, including WebCopywriter.co.uk. She also editor for Own-It.org and ilikemsuic.com. Clients include Business Link Wessex, Motorola, Microsoft, BestBear.co.uk and AnitaRoddick.com.
Intellectual property has been a hot news topic recently. From the Chinese planning new IP laws to combat illegal downloads, and former FT Editor, Andrew Gowers leading an independent review into IP rights in the UK, to the thorny issue of digital rights management that has been highlighted with the French passing a new copyright law. The world of IP has been an eventful place of late. So, as a creative business or person, how do you protect, exploit and manage your intellectual property effectively? Cheryl Rickman, from Own It, provides a step-by-step guide.
What Is Intellectual Property?
From the music we listen to and the books we read, to the computer software and products we use in our daily lives, each is a product of human creativity, and that creativity is protected. It is these creations of the mind, once expressed, that make up intellectual property (IP).
There is no IP protection in the UK for ideas or concepts, only for expression of those ideas or concepts.
So, products, technical solutions and new inventions are protected by patents and design rights; literary, artistic, dramatic and musical works are protected by copyright; and brand names, words, sounds and even smells are protected by trade marks. (Even the 'smell of freshly cut grass' has been trade marked by a Dutch perfume company that uses it to give tennis balls their aroma).
Therefore, in business, everything, from your own designs, software, brand, packaging and logo should be protected. In a nutshell, all of your mental and creative 'outputs' can be transformed into tangible 'commodities' so that you can licence, sell, trade, divide or retain your rights to those 'commodities'.
What Can Be Protected And How So?
Patents protect inventions, design rights protect 2D and 3D designs and copyright protects dramatic, artistic, literary and musical works.
PATENTS: A patent is a legal document that grants the owner absolute rights (a monopoly) to produce, use or sell the patented product, and prevent anyone else using their innovation or invention. The document also describes the full technical workings of the invention in detail, so a patent protects ownership and usage, but not privacy).
Patent protection is granted for a period of 20 years from the date the patent application was filed. On expiration, the invention then enters the public domain and is available for others to exploit commercially. Patents provide recognition and financial reward and inspire future generations of inventors.
COPYRIGHT: Creators of original artistic, musical and literary works can protect their work with copyright. Copyright covers all forms of creative works, from books, paintings and films, to choreography, sound recordings and computer code, software, graphics and other digital media.
Copyright gives creators the exclusive rights to use or authorise others to use their work. The author, or freelancer or employer owns the copyright, rather than the publisher or employee, unless agreed otherwise. And copyright protection gives the owners rights to prevent copying, publication, broadcasting, distribution or hiring).
There is no need to register your copyright. Rather, copyright exists automatically as soon as an original piece of qualifying work is created. So, as soon as you write, upload or create your work, it is instantly protected by copyright.
Literary, dramatic and artistic works have immediate copyright protection that lasts until 70 years after the death of the creator. Computer generated works and performers rights last until 50 years after the creators death, while typographical arrangements are given 25 years protection. This is currently a thorny issue as the first wave of rock 'n' roll recordings, starting with Elvis, are about to go out of copyright in Europe. Not surprisingly, the UK music industry wants the current 50-year time limit extended.
Worth noting:
1. Employers own copyright, employees do not own rights to anything they've created in accordance with employment.
2. If you are freelance, you own the copyright, not the client, unless you have a contract for a service that assigns copyright to the commissioner of the work. So, usually, freelance or commissioned work will belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
TRADE MARKS: A trade mark is a "badge of origin" by which the public can distinguish the products and services of one business from another. (ie. Logo, slogan, brand name) A trade mark can be protected by registering it and a registerable mark must be distinctive and can consist of words, letters, numbers, images, drawings, symbols, smells and sounds, or a combination of these.
To be registerable, the mark must be distinctive and not identical or similar to a previously registered mark that applies to the same or similar goods or services. A trade mark registration must be renewed after 10 years.
A trademark that is registered gives the owner the exclusive right to use it or authorise someone else to use it. Protection usually lasts for 7-10 years or more and can be renewed. Registered trade marks are enforceable under trade mark law and use the ® symbol. Conversely, unregistered trade marks are not enforceable under trade mark law and use the TM symbol.
DESIGN RIGHTS: Designs can be protected too. Design rights can be registered or unregistered and rights exist for 2D and 3D designs, but don't protect the functionality of a design, only the 'ornamental or aesthetic aspect', ie. the appearance of a product resulting from its features, lines, contours, colours, shape, texture, materials or ornamentation.
The design must be novel and have individual character. If successful, protection can potentially last for up to 25 years, renewable ever five years.
Unregistered design rights exist automatically, like with copyright, and this lasts for 15 years, but must not be a common-place design.
Two important points for any budding designer to remember are:
1. Employers own design rights, employees do not own rights to anything they've created in accordance with employment. Especially important if you want to take a concept from your employment to market.
2. If pitching for a commission, it is the commissioner who owns the rights to the designs because you have been contracted to provide the service for them. Ordinarily, freelance/commissioned work copyright would belong to the author, but if you assign copyright through a contract when providing the service, the person commissioning you will own it. If in doubt, check who owns what.
MORAL RIGHTS: These are your rights to be identified as an author or creator of intellectual property. You can waive your moral rights via a release form. Some entrepreneurs using research students to help them develop products may ask that they waive their moral rights, or broadcasters using footage of performances.
Click here to read PART 2
Cheryl Rickman is the Author of The Small Business Start-up Workbook (http://www.smallbusinessworkbook.com) which has a Foreword written by Dame Anita Roddick Cheryl runs her own businesses, including WebCopywriter.co.uk. She also editor for Own-It.org and ilikemsuic.com. Clients include Business Link Wessex, Motorola, Microsoft, BestBear.co.uk and AnitaRoddick.com.