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Friends in Law Journalism |
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According to Bainbridge (Intellectual Property 6th edition. Pearson Longman. 2007, recommended reading), intellectual property is that law which concerns legal rights associated with creative effort or commercial reputation or goodwill. The subject matter...includes literary and artistic works, films, computer programs, inventions, design and marks used by traders for their goods and services. The law deters others from copying or taking unfair advantage of the work or reputation of another and provides remedies should this happen. There are several different forms... (not exclusive): Copyright Rights in performance Law of confidence, which relates to protecting confidential information Patent, which give an owner a monopoly over an invention capable of industrial application Unregistered designs. 3 years protection. Primarily relates to the design of products. Registered designs. Registered Designs Act 1949. Up to 25 years protection renewable each five years. Primarily relates to the design of products. Trademarks, which relate to business marketing logos etc, eg M for McDonalds. Passing off, which at common law relates to a business emulating another or passing itself off as another, thereby obtaining advantage of goodwill, publicity etc. Relevance especially to website names. Malicious falsehood, (trace libel) The owner of the right has effectively a property right which can be sold, licensed and which can restrict the actions of others. Some rights, such as patents, require formalities to obtain protection.
Copyright
Bainbridge explains that the author of a work is the person who creates it and he (or his employer) is normally the first owner of the copyright, which will last for 70 years from the authors death.... (Bainbridge). Copyright affords entitlement to do certain things in respect of the work, including make copies, broadcast or perform. Doing those without permission amounts to breach, for which various remedies can be sought, including damages and injunctive relief. Copyright does not protect ideas, only the expression of an idea, (that is its tangible form), and others are free to create similar or even identical works as long as they do so independently and by their own efforts. (Bainbridge) Two types of right created:
The proprietary or economic rights in the work, for example the right to control copying
Moral rights, which leave the author who may no longer even own the copyright to have control over how the work is used, and which may restrict derogatory treatment of the work.
Relevant legislation: UK Copyright, Designs and Patent Act 1988, Berne Copyright Convention and the Universal Copyright Convention, (UK signatories to both conventions), Copyright and Related Rights Regulations 1996 and Copyright and Related Rights Regulations 2003. Copyright Friends In Law 2008 Accurate as at 16.9.08 |
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Copyright and Intellectual Property |
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