IP for MBA Students from IIPM

Intellectual Property and harnessing Creativity in Creative Industries

Geneva, June 2006

Christopher M. Kalanje, Consultant,

Creative Industries Division, WIPO

What is Copyright

Grants authors, composers, and other creators legal protection for their literary and artistic creations (‘works’)

Gives ‘bundle’ of exclusive rights, which allow owners to control the use of their original works in number of ways and to be remunerated Also provides ‘moral rights’ which protect the author’s reputation and integrity.

LiteraryLiteraryFilms

Dramatic

Music

Photographic

Artistic

Copyright Works

Copyright and Business

• Computer programs

• Content on websites

+ ‘look and feel’

• Product catalogs

• Artwork and text on product literature

Copyright and Business

•Artwork and text on labels and packaging

• Marketing and advertising materials

(on paper, billboards, websites, accounting forms)

Copyright and Business

• Sales training program captured on videocassette

• Newsletters

• Instruction sheets, operating manuals for machines, maintenance manuals

• Technical drawings, diagrams, maps

• Some types of databases

A Bundle of Exclusive Rights

Economic Rights

– Reproduce or make copies

– Distribute to public

– Sell, rent*, lend*

– Display or perform to public

– Adapt and translate

– Make available on the Internet

Moral Rights

– Right of paternity: acknowledgement

– Right of integrity: object against mutilation and/or distortion

* Generally applies only to certain types of works: Cinematographic works, musical works, or computer programs.

Assignment or License

Moral Rights cannot be transferred

What are Related Rights?

Rights of broadcasting organizations

in their radio and television programs and in Internet broadcasts such as ‘podcasts’

Rights of producers of sound recordings

(phonograms)

in their recordings (cassette recordings, compact discs, etc.)

Rights ofperformers

• actors• musicians• singers • dancers• or generally

people who perform

What are Related Rights? contd.

Related rightsRelated rights would apply to ..

the performances of

the musicians and singers

who perform the song

the sound recording of the

producer in which the

song is included

the broadcast program

of the organization that

produces the program

containing the song

Copyright

• Term of protection: Generally speaking: - Life author + 50y - Exceptions

• Automatic

• Copyright subsists worldwide: Berne Convention

heirs

So why register?

But national law applies

What is not protected?• Ideas or concepts

• E.g., instruction manual that describes system for brewing beer

• Facts or information

• Historical, news, scientific, biographical

• E.g., biography

• Government works

• Statutes, judicial opinions, etc

What is not protected• Names, titles, slogans, short phrases

• But advertising slogan may be protected under TM

• Artistic logo may be protected under CR

Nike World Police and Fire Games, Québec

What is not protected?

• Works of applied art ?

• Protection differs greatly from country to country

• Overlap with industrial designs

Importance of Creative Industries

• Cultural and social force for society– Empower people– Values individual creativity and diversity– Many products have public-goods

characteristics

• Fuels creative capital and creative workers– Changing role of author, creator, artist

Importance of Creative Industries

• Economic multipliers ‘ripple-effect’– Support urban regeneration– Creates employment– New approaches to businesses

• Industry cluster– New high-growth sector (accounts for

large share of nation’s GDP)– Entry to global markets

Creative Industries contd.

Creative Industries

- Relatively new- Closely linked to cultural industries. Sometimes used interchangeably- Broader than cultural industries.Goes beyond

• performing arts and • handicrafts

Creative Industries contd.

From Cultural to Creative Industries

- 1944 Coining of the term cultural industry (critique to mass production of cultural products)- 1970s and 1980s. A positive view different from Adorno & Horkheimer.- UNESCO work on cultural industries- 1990s-current. Wide use of term creative industries

Creative Industries contd.

Creative IndustriesDefinitions

- Australia- Austria- Hong Kong- New Zealand- Singapore- USA (core copyright industries)

Creative Industries contd.

• Late 1990s UK department for culture, media and sports (DCMS) established creative industries unit and task force– UK definition “those industries that have their

origin in individual creativity, skill and talent and which have a potential for wealth and job creation through the generation and exploitation of intellectual property”*

* Creative industries mapping document 2001

Creative Industries contd.

UK Creative Industries

Advertising; Architecture; Art and Antiques Market; Crafts; Design; Designer Fashion; Film & Video; Interactive Leisure Software; Music; Performing Arts; Publishing; Software and Computer Services; Television & Radio

Creative Industries contd.

• Demand side– Price inelastic and income elastic– Consumption patterns- unpredictable,

quality consideration, focus on superstars – Demand on local products- often

insufficient

• The supply side– High fixed costs for creation/ low

marginal cost of delivery– Low entry barriers

Creative Industries contd.CreativeCreative

IndustriesIndustries

-- largely characterised by nature of labour inputs: “creative individuals”

Examples ...

AdvertisingArchitectureDesignInteractive SoftwareFilm and TVMusicPublishingPerforming arts

Copyright Copyright IndustriesIndustries

-- defined by nature of asset and industry output

Examples ...

Commercial artCreative artsFilm and videoMusicPublishingRecorded mediaData processingSoftware

Content Industries

-- defined by industry production

Examples ...

Pre-recorded music Music retailingBroadcasting & FilmSoftwareMultimedia services

Cultural Industries

-- defined by public policyfunction and funding

Examples ...

Museums & galleriesVisual arts & craftsArts educationBroadcasting & filmMusicPerforming artsLiteratureLibraries

Digital content

-- defined by combination of technology and focus of industry production

Examples ...

Commercial artFilm & videoPhotographyElectronic gamesRecorded mediaSound recordingInformationstorage & retrieval

Source: Cutler & Co/CIRAC, 2003, (see papers by Stuart Cunningham) -- www.creativeindustries.qut.com

Creative Industries contd.

• Clarity is needed on concept, definition and criteria of creative industries at,– International level– National level

• Important to focus on specific local, regional and national context

• Importance of IP in the development and success of creative industries should be highlighted

WIPO Contribution

• Shift in the demand from member-states

• WIPO focus on the central role of IP as an important tool for social development, economic growth and wealth creation

• Necessity of assisting developing countries measure the contribution made by IP to their national economies

WIPO Contribution contd.

Need to evaluate contribution of CI

- The need for measurement

• Basis for policy options

• Comparability across sectors and countries

• An indicator of competitiveness

WIPO Contribution contd.

• Studies in United Kingdom, Australia, U.S.A, New Zealand show significant economic contribution of creative industries

WIPO Contribution contd.

• The challenge – Difference in methodology, use of

terminology/concepts, scope etc. Made international comparison difficult

– Need to have a guide which could facilitate comparative analysis

– To establish a basis for comparison of future surveys built on reliable data and common methodologies

WIPO Contribution contd.

Guide on Surveyingthe economic contribution of the copyright-based industries

The Guide provide proposals on,

- How to organize relevant information

- How to structure the research

- What measurements touse and How to presentthe analysis

WIPO Contribution contd.

• The guide addresses three main indicators of the size of the copyright-based industries – The value added, – Employment and – Foreign trade generated by them

WIPO Contribution contd.

• Outlines methodology of a survey • Justifies the choice of indicators • Describes their characteristics and • Elaborates on existing approaches

to their measurement.

WIPO Contribution contd.

• The guide suggests that the measurement procedure should comprise the following steps;– Identification and classification of

copyright-based industries– Collection of relevant data (statistical data)– Measurement of the contribution of the

copyright-based industries– Analysis and presentation of the survey

results

Finally