LECTURE NOTES ON INTELLECTUAL PROPERTY AND ETHICS

Rachel Dobbs lecture

Wed 18th of January: ethics creative property.

Intellectual property

“everything you make can be exploited as a commodity” Mr IP

ALL products of human creativity can be defined as intellectual property.

create tangible commodities

Choosing what to protect as a creative practitioner… When to let it go and when to fight for the right to ownership.

Finding a way to protect and display?

tangible creative properties:

Products tech solutions and inventions: patents design rights

20 years exclusive rights

Smells, names logos brands, combinations colours, sounds etc :brands trademarks (™) NICE Classification

registered under nice class…

potential for legal action.

Music/creative, Literary, films etc: copyright

do not need to register, first ownership rests with the author or co authors (unless an exception concerning employment applies)

related rights for

Orphan works can’t find owner of copyright….

Copyright length =Death of author plus 70 years( sony bono and walt disney fighting to extend for years)

pre-1923 public domain.

Literary work: includes anything written spoken or sung

dramatic work: a work of dance or mime

Sound recording: any recording of sound that can be replayed

Artistic works: stuff you make! film building etc

Broadcast: any electronic transmission of visual image sounds etc

Published:

A ‘work’ is not the idea but its expression or the material form that an idea given by an author.

(representation through a union for added protection and follow up)

What can’t be protected: ideas, procedures, methods, recipes, lists of ingredients, systems, processes, ‘ways of doing things’ concepts, principles, discoveries, works that are not fixed in a tangible form of expression (e.g. improvised speech)

consent can be withdrawn at any time (if consent form has been signed)

Recipe: example of what can and can’t be copyrighted written down words and format is copyrighted but not the process or the list of ingredients.

container and written format are able to be copyrighted not the ideas or process, lists etc.

Building brands is a form of working away from and improving the protection of product ” this is the real thing” this is original and solid etc.

Information that is commonly available and contains no originality9 e.g. calendars, measures and rulers….

BUT derivative works from these things are subject to copyright.

How do i make my work safe and copyrighted:

Copyright paternity:

the author has to be named on all copies of the work and when the work is made available to the public.

Copyright integrity:

the right of an author to prevent….

Copyright licensing

-agreement is needed in order to use an authors work

-the right to further transfer copyright to third parties and the right to alter a work must be agreed explicitly otherwise these rights are not transferred.

9need it in writing)

Exemptions: for citation and commission, quotation parody and private study, criticism, news reporting, research, archiving and preservation.

parody: significant changes to the work.

Quotation shorter the better.

news reporting:

Note to self: try and get permission for Bowie track. if not try another track… Old blues? contact Kashi now.

Read only/ read write remix culture.

Is paternity challenged and dying? Are we losing skills to create new works in remix culture?

Creative commons:

CC creative commons, denotes do what you like with as long as you acknowledge the   author

BY by me attributed to me

NC non commerical

SA share alike

Public domain: use texts that are in public domain!

Books, other works early films.

Also look at how Aronofsky managed to byuy the rights to Stoshi Kons work after he died.

True or false

can be sued for using something regardless of if you make a profit. deemed to damage the commercial value of the work and authors moral rights.

Derivitaive works based on or derived from another work 10% change false still need permission.

Fair use exemptions….

Learn how to licence your own work.

Search

David Evans: Appropriation: documents of contemporary art

Meme what is it Richard Dawkins talk on it

Andy Warhol soup can gets around copyright because he had the paintings or illustrations drawn, of the soup cans and they are not cans they are pictures,

again it is the picture that sine w and not the idea of the image reproduced it is not a photo either and was drawn from memory new

Everything is a remix web series

pro comer for a claim on an infringement of your work. send it to the person who has used work and ask them to take it down or credit you.

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