Copyright matters
- Core of the ability to make a living
- You have the sole right to produce copies of your work
- You are the only person who has the legal right to produce reproductions and so on
- Intellectual property - your ideas
- We have the permission to 'steal' as we are students
What is intellectual property?
Intellectural property (IP) refers to creations of your mind:
Inventions, literary an artistic works, symbols, images and designs used in commerce
Films, games, paintings, photographs, fashion, designs, recipes
4 basis types of intellectual property
Patents
Trade marks
Registered
Designs
1) Patents
Applied solely to new inventions
Electronics, mechanical, medicinal
-In 1714 Henry Mill took out the first patent (number 385) for a typewriter in England
He put all vowels on the end of the finger tips and those that are less used are on the end of the periphery
- The tremelo device for stringed instruments (C.L. Fender - 1954)
- Patent leather (Seth Boyden 1818)
2) Trademarks
The definitions of trademarks and logos are almost exchangeable
Trademarks however, can be very complex devices. Exact drawings (including particular colour references) need to be sent to the intellectual property office. The TM sign simply means that the particular arrangement of design & colour is currently under investigation. McDonalds, for example, will likely to have hundreds of trademarks that apply to different materials etc. All aspects of their brand are registered, from an illuminated billboard sign to a minimal logo design applied to stationery.
Logos consists of a single image which combine all the values, performance, service, history and quality of a brand. Customers instantly understand what promise lies behind it.
3) Registered designs
Something which appears to be new
A rearrangement of decorative features
£60 to register one product
4) Copyright
Art, literature, music, animation, films, games
Automatic - no need to register
The only way to look after the work is to date, sign and record your work
Only the Post Office and banks are able to date stamp
There are, however, many digital methods which can be used to copyright your work
Everyday copyright
Every book has an individual ISBN number
Website designs have individual copyrights
Fairey vs. Associated Press
Used a photograph of Barack Obama featured in the Association Press as a basis of his artwork
Also used Obama's personal campaign logo - two instances of copyright infringement
Have been in a legal battle ever since
Gaylord vs. United States Postal Service
You can usually photograph public sculptures if they are fixed and part of the landscape
A photographer was commissioned by the US postal service to use his photograph of a set of sculptures for a new stamp
The sculptures, however, were temporary therefore he should have gained a license
Using someone else's work for commercial gain
How to secure your copyright now
Add the symbol, your name and a date (the year is sufficient)
Keep a log of your significant creations
Publish this on your blog, website etc
Keep track of everything you have - start a log book
Date - Title of the piece (and ID number) - Location (it is easy to lose track)
If you don't keep track, you have no hope of fighting a lawsuit if you find someone else has used your design. Providing you control or limit where you upload it to (or where you store it), then it will be difficult to track.
How long do they last?
Patents - max 20 years (goes into the public domain)
Trademarks and logos - forever but have to be renewed every 10 years
Design rights - up to 25 years but renewed every 5 years
Copyright - until 70 years after death
How do we use it?
Become fluent in copyright law
George Lucas gave up part of his salary at Fox studios for a share in the box office revenue takings and merchandise rights. To this day, he is still making millions.
Andy Warhol distributed the copyright of his work to the Andy Warhol Foundation for the Visual Arts. Any profit from his work goes towards education for the under-privilidged.
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