For the tutorial this week, Silvia Baugmart is going to give a presentation about Copyright and ownership from a legal perspective.

Intellectual Property

first level — Patents, Registered Trademarks, Registered Designs

• inventions
• brands
• logos
• designs

These must be registered. Don’t exist until the right is registered.

In UK, with IPO.

Or EPO…

Or OHIM….

And WIPO.

second level — Copyright

• Musical, dramatic, literary & artistic works
• databases
• reputation/goodwill
• designs (unregistered design right)

These are unregistered. Exist when created. Hard to clarify with a register.

Need to document to hold any unregistered claim (e.g. project notes, etc.).

third level — Intellectual Assets

• know-how
• trade secrets
• confidential information

Can’t be public knowledge.

examples

street art - yes, can have copyright - by the artist. So if you take a photograph of it you need permission of the artist (as copyright holder) to disseminate the images. Also, the photographer will rights too.

In UK, stand in public space can take photographs of buildings

In EU, copyright lasts death + 70. After which is in public domain.

Being online it does not mean its public domain.

Collaboration/Joint Ownership

When working together, if contributions can’t be distinguished, its joint ownership.

Make an agreement as soon as possible.

Licence agreements

Key clauses:

• duration
• exclusive/non-exclusive
• territory
• field of use
• payment
• termination clause

Assignment:

To transfer can only be assigned in writing and by the owner.

For licence agreement, can orally agree?

Sharing? Then:

• do you have the rights to share?
• what kind of control applies
• CC or bespoke licence?

If work of art/architecture is in a public space, don’t need permission to share a photograph of it. But things like street are you do need permission.

Creative Commons

Various licences

Attribution — share alike Attribution — no derivatives Attribution — non-commercial

Unless restricted with ‘no derivatives’ people can do what they like with your work.

To keep control of your work

• embed metadata in images
• block chain technology, e.g. [ascribe.io]((https://www.ascribe.io)

Authorship (or appropriation)

Rastafarian smoking a joint. (C) 1997 Donald Graham.

v

Richard Prince.

Richard Prince copied Instagram posts, commented on them, and created a new work.

Fair use.

Transformative use.

Parody/quotation

EU Copyright Directive allows for parody, caricature, and pastiche.

Here’s an example of parody: Cassetteboy - Emperor’s New Clothes rap.

See the CJEU interpretation of ‘parody’.

• Beware of defamation / slander
• Beware of derogatory treatment of the work (against moral rights of author)

Quotation: - reasonable and fair (‘fair dealing’) - doesn’t replace a commercial sale - amount quoted is necessary for purpose of quotation (don’t repeat the whole work!)

Q

If you sell a painting, doesn’t mean you give the owner copyright. To transfer (C) need to include it in the sales contract. Otherwise you still have the copyright.

reproduction rights.

Exception: auction house can reproduce an image in a catalog to help sell it.

Risk Assessment for interim and year end show

Include copyright aspect.

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