Lesson4_LEM_09102024

1.

• Law, Management and Economy - Lesson 4
• Copyrights
• Judit Reijnders

2.

OUR LECTURE STRUCTURE
LAW
09.18. – Introduction, Theory, Constitutions
09.25 – Legal Systems, The Tree of Law, Legal principles, International Law
10.02 – Contracts, Companies, Culture and Law
10.09 – History of Copyright and Technological Challenges
10.26 – Human rights and GDS
ECONOMY
11.06 – History of Econimics
11.13. – Financial definitions !!! Kahoot
11.20.- Challenges of the Digital Ecosystem
11.27. – Freelancers, New Ways of Work in the Cultural Industries, Circular economy
MANAGEMENT
12.04. - Organisations
12.11. – Self management
Please always ask in case of any language or basic understanding issues!

3.

HW 3
• Hourly fee
• - negotiate time against creation (:))
• Fix rates, output
• - more complex argumentation
• - expertise helps
• - sectoral background helps
• Value
• - Client in need
• - Client finds output useful
• - Artist is confident, has credentials
• Clients and artists dialogue
Needs, perceptions, expertise
Financial objectives of both

4.

Everybody is creative – visual
culture

5.

Plagiarism or Inspiration –
modernism...
• Picasso:
• Good artists borrow, great artists steal
• Warhol:
• Material techniques and objects are just tools
for expression of art

6.

Marcel Duchamp 1919 – original vs
„readymade” as an original art category

7.

What do creators focus on?
• Pride – Originality - personal
• Pocket - Money making - financial

8.

Gutenberg 1450
content control of printers

9.

Haydn – 1761 exclusive contract
control of content and distribution

10.

Origins
• From “censorship in exchange for monopoly” to "intellectual
property."
• Strictly speaking, the only property at issue in intellectual
property is a legal right to create something.
• The reason for copyright changed also. Rather than being a form
of censorship, the idea became an economic incentive to create.
• The idea behind modern copyright law is that if artists can
control who is allowed to copy their creations, then artists can
charge for that permission and make money.
• (From the Statute of Anne in 1710 to the Berne Convention in
1886)

11.

1976 Copyright Act (US)
• The rights of the owner of the original work:
• Reproduce or make copies of the original work
• Display th artwork publicly
• Perform the art work publicly
• Sell and distribute the art work
• Prepare derivative art work

12.

What is Copyrightable?
• The original work,
• falls in the copyrightable category,
• it must be fixed in a tangible medium of
appearance,
• it must have a minimum degree of creativity
Issues:
market value vs production value
AI or human product
the work as thing or data

13.

What is copyright
• Copyright usually originates with the creator (1) of a work, but can
be sold, traded, or inherited by others.
• Copyright is the legal and exclusive right (2) to copy, or permit to be
copied, some specific work of art.
• If you own the copyright on something, someone else cannot make a
copy of it without your permission (3).

14.

Neighbouring rights
Links indirectly to the creation of the work:
- recording
- transmitting, airing, broadcasting
. making available to the public

15.

What can be copyrighted?
Copyright protection extends to works of artistic creation. This includes:
Music — songs, arrangements, scores, recordings, etc
Writing — novels, poems, stories, journalism, plays, blog posts, etc
Visual art — painting, drawing, photography, sculpture, etc
Dance choreography
Movies
Computer software
Architecture.
What is usually not protected
Recipes, fashion design, jokes, ideas never – only work!, drawing styles

16.

How does copyright work?
Copyright happens automatically, the minute you set something into a "fixed form" — even if that
fixed form is pen scratches on a legal pad. You automatically own the copyright to any creative work
of art you produce, the minute you produce it.
Another misconception is that you have to put the copyright symbol on something, or else it isn't
copyrighted. This used to be true, but is not the case any longer.
In a related myth, some people think that you can't use the copyright symbol unless you have
registered the copyright. Also untrue.
The copyright symbol carries no legal weight and has no magical effect on the status of your
copyright. Forgetting to use it does not cause you to lose your rights related to something you
created.
The purpose of the copyright symbol and dated copyright notice is to inform people that a piece
of art is copyrighted, who owns that copyright, and under what terms is the present copy being
made available.
Copyright notices are not required for any reason, but they are certainly useful and ought to be
included.
By the way, the best way to display the circle-C copyright symbol is to type © into your HTML.
This should be followed by the year of creation and the name of the current copyright holder
(usually the creator). If you want to add additional notices (such as "All rights reserved" or "Creative
Commons release,") do so after the name.

17.

Registration of copyright
• Registering a copyright allows you to do three things:
• - Legally establish yourself as the copyright owner of
the work.
• - Legally establish the date of creation.
- Take legal action against someone who infringes on
your copyright – NATIONAL LEGAL SYSTEM
• That last one is key. In most jurisdictions, you cannot
sue someone for infringing your copyright unless your
copyright is registered.

18.

Registering copyrights related to artwork
• How do you register your work?
• - registration per work/bundle
• - registration valid for unlimited time
• - you can also register the work after someone
has illegally used your work

19.

Work for hire – author works for owner
• Scenario 1
• If an employee created the work as part of
their standard terms of employment, it is a
work made for hire.
• Scenario 2
• If an employee or contractor gave the
requester ownership of the work in writing for
use in one of the scenarios of “fair use”

20.

Terms of copyright
• Standard copyright protection will last over
the course of the creator's life, plus 70 years.
For works made for hire, however, copyright
lasts for 120 years after the work was created
or 95 years after it was published.

21.

Registration Processes

22.

Copyright law is legislated and procedures
follow the law on national basis
• Copyright law is specific to each country, so different
rules apply in different places. However, the basic
principles are the same:
• Do not use content without permission
• When considering as trial it is also difficult to define
what is the country of origin, is it the publishing – trials
are expensive, you have to sue where the infringement
happened

23.

Copyright Infringement
• What can be claimed?
• - the copyright damager has to take back their
work
• - financial damages that are caused by the user,
but these have to be proven by the owner
• How can this be achieved?
• - with the help of a lawyer between the parties
through negotiation
• - in court, but judges also want settlement

24.

What is „fair use”?
legal-moral rights-public domainfree
usage
• 4 factors
• + educational/- commercial
purpose
• +factual work, published/creative, unpublished
Purpose and character of the use
Nature of the original work
Amount and substantiality of the
portion used
• + small portion/-large portion
hearth of the work
Effect of use on the potential
market of the original work
• + no large effect on market/large effect on market
Parodies…

25.

Trademark
• Trademarks 10years
• Trademarks are designed to protect both businesses and consumers, by
ensuring that business concepts are not copied without authorization. This
protects business investment, and it also prevents goods and services
from being counterfeited or copied, potentially misleading the consumers
they are marketed to.
• Even if a name, word, phrase, or image is not eligible for copyright
protection, it can still be considered a trademark, and can be eligible for
formal registration.
• Registration isn't compulsory, but can be beneficial. Words and phrases
can be declared trademarks even if they are not formally registered, too.
• Registered trademarks are marked with the ® symbol, while anyone can
define an unregistered (or "common law") trademark by adding a ™
symbol.

26.

Trademark2
What Is the Form of the Trademark?
Standard text
Stylized font or design (like a logo)
Sound.
How Strong Is Your Trademark?
The strength of a trademark depends on its uniqueness in the marketplace. If it too closely
resembles a related service or product or has the potential for conflict in the future, you may
find your application for registration denied. Consider the following three areas of weakness:
Can your trademark cause confusion with another trademarked product or service?
If so, what is the similarity causing confusion? Is it because you use the same words or the
designs are similar?
Finally, does the similarity occur between two products or services within related industries
(like a shoe retailer and a clothing retailer)?
• https://www.youtube.com/watch?v=leAybwUZMgQ
• https://www.youtube.com/watch?v=4kmO2ZCMleI&list=PLw3uQq2SODPjXuNYwf8vVHIUyAtd
O8VxS&index=2

27.

Patent
• Even though an idea can't be copyrighted an a
discovery can be patented.
• Patents are designed to protect inventions and
innovations from being made, used, or sold by
unauthorized companies or individuals.
• Novelty protection
• https://www.youtube.com/watch?v=ivoQ_Auy
dpQ

28.

Design Protection guidelines
• Description and photos have to be strictly
submitted and will be reviewed.
• Has to prove uniqueness and has to indicate
how it can be done
• https://www.youtube.com/watch?v=bM7cfm4
EWFw

29.

EUIPO – pro bono advise
service
https://www.youtube.com/watch?v=91doneRylZg&list=PLw3uQq2S
ODPjXuNYwf8vVHIUyAtdO8VxS

30.

Homework 4
• Please list 3 digital copyright protection issues,
or as a case you heard of or had or a
hypotetical problem.

31.

Thank you for your attention!