Transcript IP for MBA Students from IIPM Intellectual Property and harnessing Creativity in Creative Industries Geneva, June 2006 Christopher M.

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’)
‘bundle’ of exclusive rights, which
allow owners to control the use of their original
 Gives
works in number of ways and to be
remunerated
 Also provides
‘moral rights’ which protect
the author’s reputation and integrity.
Copyright Works
Films
Literary
Dramatic
Photographic
Music
Artistic
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
Assignment or License
Moral Rights
– Right of paternity:
acknowledgement
– Right of integrity: object
against mutilation and/or
distortion
Moral Rights cannot be
transferred
* Generally applies only to certain types of works: Cinematographic works, musical
works, or computer programs.
What are Related Rights?
Rights of
performers
•
•
•
•
•
actors
musicians
singers
dancers
or generally
people who
perform
Rights of
Rights of
producers of
broadcasting
sound recordings organizations
(phonograms)
in their recordings in their radio and
(cassette recordings, television programs
compact discs, etc.)
and in Internet
broadcasts such as
‘podcasts’
What are Related Rights? contd.
Related rights would apply
to ..
the performances of
the musicians and singers
who perform the song
the broadcast program
of the organization that
produces the program
containing the song
the sound recording of the
producer in which the
song is included
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.
- Australia
Creative Industries
Definitions
- 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.
Creative
Industries
-- largely
characterised
by nature of
labour inputs:
“creative
individuals”
Copyright
Industries
-- defined by
nature of
asset
and industry
output
Examples ...
Examples ...
Advertising
Architecture
Design
Interactive
Software
Film and TV
Music
Publishing
Performing
arts
Commercial art
Creative arts
Film and video
Music
Publishing
Recorded
media
Data
processing
Software
Content
Industries
-- defined by
industry
production
Examples ...
Pre-recorded
music
Music
retailing
Broadcasting
& Film
Software
Multimedia
services
Cultural
Industries
Digital
content
-- defined by
public policy
function and
funding
-- defined by
combination of
technology and
focus of
industry
production
Examples ...
Museums &
galleries
Visual arts &
crafts
Arts education
Broadcasting &
film
Music
Performing arts
Literature
Libraries
Source: Cutler & Co/CIRAC, 2003, (see papers by Stuart Cunningham) -- www.creativeindustries.qut.com
Examples ...
Commercial art
Film & video
Photography
Electronic
games
Recorded media
Sound recording
Information
storage &
retrieval
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.
- The need for
measurement
• Basis for policy options
Need to evaluate
contribution of CI
• 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
Surveying
the economic
contribution of the
copyright-based
industries
The Guide provide
proposals on,
- How to organize relevant
information
- How to structure the research
- What measurements to
use and How to present
the analysis
WIPO Contribution contd.
• The guide addresses three main
indicators of the size of the copyrightbased 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 copyrightbased industries
– Collection of relevant data (statistical data)
– Measurement of the contribution of the
copyright-based industries
– Analysis and presentation of the survey results
Finally