Transcript Copyright and related issues for SMEs Vivien Irish Consultant Patent Attorney Vivien Irish, Patent Attorney, WIPO and TPI, January 2005

Copyright and related issues for
SMEs
Vivien Irish
Consultant Patent Attorney
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Copyright works
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Literary copyright I
Earliest dispute in AD 460, an Irish
monk, later Saint Columba, copied a
collection of religious writings.
The King held this was wrong.
Over 1000 years later, first copyright
laws were enacted.
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Turkish Copyright Law (Act 5846)
amended in 1995
Berne Convention 1886
TRIPS – Trade Related aspects of
Intellectual Property rights – recognises that
Berne provides adequate basic standards of
copyright protection
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
TRIPS confirms that copyright :- applies to expression not ideas
- lasts at least life of author + 50 years
- covers computer software
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Literary Copyright II
Books, letters, reports, any words on
paper or screen
- provided they are original, but no test
for literary merit
Computer software is a literary work
Compilations and databases are
protected in a similar way to copyright
(WIPO Copyright Treaty 1996)
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Artistic Copyright
drawings, paintings, sculptures, works of
artistic craftsmanship, architectural
works
provided they are original,
no test for artistic merit
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Other copyright works
films, sound recordings, broadcasts,
cable programmes, music, plays,
typefaces, typographical editions
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Exclusions from copyright
Ideas, discoveries, methods or principles
of construction, illegal or immoral works
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
How and how long?
Protection is automatic, no registration
Turkey – 70 years from publication
WIPO – life of author + 50 years
Some countries – life of author + 70 years
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Author and owner in Turkey
Person who writes or draws or composes is the
author
If that person is an employee, the employer owns
copyright
If that person is a freelance, the author owns
copyright
If that person works under a commission, the person
paying the fee owns copyright
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Marking
© Vivien Irish 2004
Copyright
Copr.
In Turkey, marking is compulsory for some
products, eg videos, films, musical works
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Scope of protection
Owner of copyright can stop others from:using or copying the work
importing, selling, hiring, distributing
infringing copies
providing means to make infringing copies
MUST show that there has been copying
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Not infringement
- copying or use privately
- copying for commercial research
- reporting current events
- criticism or review
plus educational exceptions
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Remedies
Civil or criminal offence
Civil – injunction to stop the misuse, payment
of damages
Criminal – fine and-or imprisonment
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Moral Rights
• Paternity right – the right to be named
• Integrity right – the right to object to distortion or
mutilation of the work
• False attribution – the right to prevent false
naming
• Privacy right – for photographs, the photographer
owns the copyright but the person in the
photograph can control its publication
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Computer programs I
“buying” software = paying for a copyright
licence, to load the program onto a PC, to run
the program on the PC
Licence sets out what is permitted
eg load on only one PC
eg load onto a network of x PCs
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Computer programs II
“Shrinkwrap” licence
software packaged in transparent film
licence terms visible through the film
breaking the film = accepting the licence
“Clickwrap” licence
software distributed via Internet
before download, licence terms displayed
clicking box for “yes” or “accept” means the
licence terms apply
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Success through copyright (1)
20/20 Speech Ltd, Malvern, England
Formed in 1999
Derived from MOD Speech Research Unit
Works with speech processing software
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
Success through copyright (2)
Exclusive patent licence from MOD
Plus its own patent rights developed later
Trademark “AURIX” assigned from MOD
Develop and supply speech synthesis and
speech recognition software
Supply consultancy to MOD
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
20/20 Software products (1)
Speech recognition – in cars and PCs
low memory solution
Text-to-Speech synthesis software – for PDAs
and low memory portables
Speech recognition – align text and audio, eg
for legal transcripts
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
20/20 software products (2)
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
20/20 Speech licences
Copyright licenses:
1.20/20 to supplier, supplier sells access time
2. 20/20 to supplier, supplier to end user for
one-off license fee, end user loads PC or
PDA
1+2. Conditions - supplier agrees to use TM
Aurix® and not to change the software
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
20/20 speech success
Since 1999 and with 27 staff:
14 licences granted
5 in USA, 7 in UK, 1 in Japan, 1 in Australia
Commercial income doubled in 2002/03
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005
The end
thank you
Vivien Irish, Patent Attorney, WIPO
and TPI, January 2005