Case Study-

Research Presentation

How should Intellectual Property laws evolve to allow creativity and innovation to flourish and be fair to all sides, in a modern digital world?

Mission Statement:

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“It is now clear to everyone that digital technology is transforming copyright, for better and for worse. Infringement is widespread; understanding of the law is poor”

-The Hargreaves Report, Chapter 4, Page 30, 4.2, Professor Ian Hargreaves, May 2011

Critical Development 2

DM2004 : I.P.R.Laws

Shocking Sample Statistics Example

The Impact of Piracy text was taken from page 72 of The Hargreaves Report

My Learning Outcome Objectives

• To Improve my own knowledge of Intellectual Property law both in the UK and worldwide.

• To gain a broader understanding on how existing Intellectual Property laws and proposed changes will impact my own personal digital work as well as potential employers and other creative professionals.

• To comprehend the best methods in regards to the process of establishing Intellectual Property rights for my own work and that of any employer.

• Finally I wanted to improve my analytical & planning skills, including time management, to give myself a better understanding of working practises and answer any questions my study raises.

Secondary Resources• Books

– Winchester Hampshire Library– Winchester of University Library– Personal (Home) Library

• Articles– Online

• Newspapers– Articles, Adverts & Accounts

• Blogs– Student Work– Opinionated Research

• Online Links– Websites (PDF Conversions for Proof)– Online Encyclopaedias (PDF Conversions for Proof)– PDF Downloads (Reports)

Blog example image taken from DMD site upload ipreview-blog-20110113.pdf

Primary Resources

• Interviews– Ian Hargreaves– Small Business – L A Carlin– Big Business – G Carlin

• Questionnaires– Anonymous surveys for results

Research & Resources

Both drawn in Microsoft Paint (Vista) by DSCarlin

Intellectual Property - what is it?

Intellectual Property is split into categories, four types of which are now protected in laws which vary from country to country but on which there is broad agreement.

Animated IPR Four Categories Split diagram by D S Carlin, Central image by Knoppix, back image by D S Carlin

Copyright applies to all sorts of written and recorded materials from software and the internet to drawings and photography.

Copyright - what is it?

Designs are all about the way an object looks: its shape, its visual appeal it’s all in the design.

Designs - what is it?

Patents protect the methods and processes that make things work.

Patent - what is it?Trade marks (brands) inform customers that the goods and services on which they are used come from you.

Trademark - what is it?

C,D,T,P Text from http://www.ipo.gov.uk/types/tm.htm

Questionnaire Results. Sample Part 1 of 3

Q1. Do you consider you are knowledgeable about Intellectual Property Right Laws?

Questionnaire Results. Sample Part 2 of 3

Q2. Do you think intellectual property laws in the UK and other parts of the world are different?

Questionnaire Results. Sample Part 3 of 3

Q3. Have you ever copied Intellectual property? Q4.

Intellectual Property Laws

Below are some of the laws two countries with large creative industries.

UK USA1709 – The British statue of Anne 1776 – US constitution

1988 – copyright designs & patents act 1787 – copyright clause of US constitution

2002 – Electronic Commerce directive 1976 – compulsory licence act

2003 – Implementing the European Directive 1980 – modified after Napster issues

1989 – enacted Berne convention

1995 – Performance rights amendment

1998 – Digital millennium copyright act

Inhibitors of Creativity

• Patent Thickets.

• Costs to register your rights, especially where legal advice is required.

• The burden of finding proof of infringement and the cost of pursuing a case.

• Fear of having designs and ideas stolen or copied, especially for new concepts where others may need to understand the idea in order to help develop or promote it.

£/$Image with light bulb from Microsoft Clip Art, Patent image by D S Carlin

Unfair

• Law unclear definitions in some legislation

• Illegal Copying

• Different length of protection on different types of Intellectual Property and in different countries

• Different laws in different countries can benefit some firms at the expense of others

image by D S Carlin drawn in Microsoft Paint (Vista)

“ITS

NOT

FAIR!”

Registration

• Processes (IPO.gov though them in this country)• Costs• Proposed Digital Copyright Exchange (DCE)

Intellectual Property Office logo taken from http://ipo.gov.uk/

Library Shelves Images taken from Microsoft Clipart Images 2003

Interview

In 2010/2011, Professor Ian Hargreaves led a review of intellectual property for the UK Government, published in May 2010 as Digital Opportunity: a review of intellectual property and economic growth. The recommendations of this review have been adopted as the basis of Government policy.

Image and info from Cardiff School of Journalism Profiles Page

Interviewee

Personal Conclusion

• I have Met my Learning Objectives? – Yes I have.

• I found that the UK allows people to give their views on proposed changes to Intellectual Property laws via consultations but could publish this more widely. A more evidence based approach and more adaptable approach to legislation in this area has been suggested.

• I confirmed my suspicion that there are some unfair aspects of Intellectual Property law and that creativity can be hindered by this.

• I also confirmed my fear that there is a great deal of ignorance with regard to Intellectual Property Law

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Personal Conclusion

Timeline (Gant Chart)

• What I would have done differently• What I would have done in addition given time to develop further

Case Study Interim Conclusion & Recommendations

• Improved clarity in some laws• Improved Education• Central Register (Software licenses – in case firms go bust)• Central Resource with simple explanations of laws with Case examples• Agree good idea digital register (as mentioned as proposal in Hargreaves report)

Photo of Hosting Server taken from http://www.eukhost.com/images/datacenter/