copyrightintellectual property

&

It’s not black & white…

What is intellectual property (IP)?“Intellectual property (IP) is the property of your mind or proprietary knowledge. It can be an invention, a trade mark, a design or the practical application of your idea.”

IP Australiahttp://www.ipaustralia.gov.au/understanding-intellectual-property/

What types of IP are there?

1. Copyright original works2. Trade marks brands 3. Designs appearance of products 4. Patents inventions 5. Confidential information trade secrets 6. Plant breeder’s rights varieties of plants7. Circuit layout rights computer circuits

What does copyright law protect? Artworks Books & written material Photographs Music, lyrics, sound recordings Videos, films Architectural plans Performances & choreography Computer programs Compiled works (collections of

information, such as recipes)

Copyright law does NOT protect…

IDEAS

Image: http://www.npr.org/programs/invisibilia/375927143/the-secret-history-of-thoughts

Copyright law does NOT protect…

✗Facts✗Pure information✗Ideas or concepts✗Techniques✗Styles✗Trade secrets✗Titles & phrases

To qualify, work must be…

‘Material’Expressed in a tangible form (e.g. paint on canvas, Illustrator file, written lyrics, recording of a performance)

‘Original’Independently created and not substantially copied from other works. It need not be novel, different, special or unique. There is no quality judgment.

‘Substantial’There must be enough to constitute a literary or artistic work. Short phrases, made-up words or minimal artworks may not qualify for copyright protection.

How do you get copyright protection?

• In Australia, copyright is automatic on creation of the work

• You don’t have to apply for it• You don’t have to use the copyright

symbol © (although that acts as a warning to others)

• You are often protected internationally(treaties allow for reciprocal protection between participating countries)

What rights does copyright give you?

• The right to reproduce the work(e.g. printing, copying, scanning, photographing)

• The right to communicate the work to the public(e.g. posting online, broadcasting)

• The right to be paid for usesof the work(e.g. adapting, translating, performing)

$

How long does copyright last?

In Australia, usually 70 years after death of the creator

Inspiration vs copying

You can be inspired by works without breaching copyright, as long as you don’t copy directly or substantially. Copyright on artistic works expires (duration varies between countries) so most of the Old Masters are no longer copyright protected.

So you can’t copyright a style?

NO. Artistic concepts, styles and techniques are NOT protected under copyright law.These three images appear to use the same style, but are not copies of each other.

Legally, who owns the copyright?

• usually, the author/creator of the work owns copyright

• copyright of work created while an employee (not a contractor) is usually owned by the employer

• work created under the direction or control of government will generally be owned by them, not the creator

• if work is commissioned, the person who commissioned the work will usually own copyright, but only for the uses it was originally commissioned for

• contract terms & conditions may define rights different to the above.

©

What are ‘moral rights’?

To respect the moral rights of the creator of a work, you should:• Give credit to the creator

(whether or not they own copyright)• Don’t falsely credit someone

else as the creator• Don’t alter the work in a

way that would have a negative impact on the creator’s reputation

What should designers watch out for?

1 Using free images!! 4 Sharing licensed fonts with others

2 Designing logos similar to existing brands

5 Copying quotes or other text without crediting the source

3 Using music on videos & multimedia

6 Your own work being copied or used without permission

More information

(Available from the Martin library)‘Owning It’ by Sharon GivoniISBN 978-0-9871947-9-4

See also: ipaustralia.gov.au