Topic: Copyright

The IP Guide to… Film & Video

In the current economy and with the rapid growth of internet use, intellectual property (IP) rights have never been more valuable. However, it has become difficult for online users to even differentiate between legal and illegal films, which is putting those rights at risk. As the well-known film director Peter Jackson told The New York Times: ‘Piracy has the very real potential of tipping movies into becoming an unprofitable industry, especially big event films.’ All IP infringements, particularly copyright infringement in this sector, reduce the income from legitimate sales. If copies of a product, such as a DVD, are made...

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Someone takes a photograph of your fashion design at a trade show without your permission

Someone takes a photograph of your fashion design at a trade show without your permission. Do you have any cause to complain? Copyright will protect your design if it can be considered to be a ‘work of artistic craftsmanship’. There is unfortunately no hard and fast rule governing what will be deemed by the Court to be a ‘work of artistic craftsmanship’ and many fashion designs which have come before the Court have failed the test. By way of example, the Courts on one occasion declined to find that garments, which were shown to sell for £1,000 each and...

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Moral Rights

Moral rights are a special set of rights which belong exclusively to authors of literary, dramatic, musical or artistic works and to the directors of a film.They are designed to protect the artistic sensibilities of such authors. They do not apply to works created during the course of employment. Moral rights cannot be transferred but they can be waived and authors are usually requested to do so. Moral rights give the author and director: The right to be identified as the author (as long as the author or director asserts their rights); The right to prevent or object to the derogatory treatment of their...

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I work in advertising –what do I need to know about IP?

The most important intellectual property (IP) rights applicable to advertising are passing off, trade marks, and copyright. Passing off Advertisers should be careful not to ‘pass off’ a client’s goods or services as those of their client’s competitors. This may occur if an advert misrepresents the client’s goods or services as those of a competitor in such a way that it may confuse that competitor’s actual or potential customers or tarnish the reputation of the competitor’s products. Passing off may also occur if a celebrity is used in such a way that it may imply the celebrity has endorsed...

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Licensing: The Basics

What is a licence? A licence is a limited permission for another person to use your IP rights. It is a contract between the rights holder and the licensee whereby the rights holder consents for the licensee to do certain acts in exchange for some form of remuneration. Licensing is a very flexible way of exploiting IP because the parties to a contract are generally free to agree the terms they choose, depending on their commercial objectives. It is prudent to have these terms in writing so that both parties can be certain of the rights and obligations that...

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