Monday 16 January 2012

Enteprise Lecture VII//DON'T GET RIPPED OFF- Copyright matters.


LECTURE VII//DON'T GET RIPPED OFF
Copyright matters.

NOTES FROM THE AFTERNOON LECTURE SESSION- TO GO TOWARDS THE DEVELOPMENT OF MY ENTERPRISE MODULE.

- "At the core of our ability to make a living".
- Copyright is the sole right to have a legal right to produce reproductions of your work (broadcasts, performances, scans, limited edition prints, etc).

- Protect your ideas & make a living from your work
- Intellectual property

INTELLECTUAL PROPERTY

- Usually referred to as 'IP', refers to creations "of your mind":
inventions, literary and artistic works, symbols, names, images, designs used in commerce.
films, games, paintings, photographs, fashion design, recipes, etc.

FOUR BASIC TYPES OF INTELLECTUAL PROPERTY

- Patents
- Trade Marks
- Registered Designs
- Copyright

PATENT
(apply to new inventions, and work in a new, innovative way)

- In 1714, Henry Mill took out the first patent (number 385) for a typewriter in England. 
The most commonly used consonants were placed in the centre, the more obscure around the outside (as opposed to the traditional alphabetical order). Typists could now work more efficiently and comfortably. 

- The ring pull can- prior to this, fizzy drinks had a pointed implement, in which two holes would need to be punched (one to drink from, one to let air in- to let the fluid flow easily). This was far easier to use, and much more hygienic than the previous system. Licenses were sold per ring pull to stockists. $150 thousand a day was made at it's peak of (the patent's) licensing.

- The tremelo device for string instruments, created by C.L Fender, 1954- could be attached to any electric guitar. 

- The work 'patent' was applied as the identification of the material in 'patent leather'- created by shoemaker Seth Boyden, 1818, NJ, USA, to create wipe clean leather that will always look smart (as a mark of a respected gentleman to have clean shoes)- soaked in linseed oil- in modern day, patent leather now has a vinyl coating.

TRADEMARKS AND LOGOS

- Once a 'TM' trademark (applied for) has been certified it becomes an 'R'- registered trademark (once recognised that no logos are similar/the same within the industry, etc).  
- Logos are a single image which communicate the values, performance, service, history, and quality of a brand. On a product, you instantly understand what kind of promise lies behind it. This makes it easier to understand and search for brands with the qualities you are searching for. 
- In China there are no means to regularly police those who infringe and misrepresent the message and quality of brands- unlike the US and the UK, where there is a strict police enforcement.

- An example, in Heinz, no other company can associate that direct colour with a beans company.
- Guinness includes the shape of the glass, the gold leaf, typeface and the colour of the fluid.
- BP & Shell companies have trademarked colours in association with their product (petrol/oil products, petrol forecourts).

REGISTERED DESIGNS

- Something that appears to be new (not a new invention, but a re- arrangement of decorative features to create something that looks new).
- The iPhone is a registered trademark of Apple Inc.
- "Milly Handbag' is a corporate gift of a paper handbag- filled with goodies and patent registered.

- To register a proejct costs £60.
- In cases of fonts/typefaces to register, you have to register each character/letterform individually.

COPYRIGHT
Covers... (don't apply for, don't register for- entirely down to the "creator")

- Art, literature, music, animation, film, games.
- Automatic.
- SIGN AND DATE YOUR WORK TO ENSURE IT IS COPYRIGHT PROTECTED (ask the post office to date stamp your work- as well as banks)- no digital means can be proven to have the correct date on the stamp.

EVERYDAY COPYRIGHT

- Each book has an individual ISBN number (on the copyright details within the book- copyright print date, and an audio version of the book): 1996-2011.

FAIREY BS. ASSOCIATED PRESS
copyright infringement

- Photographer went to Obama convention (a Presidential campaign)- cropped and published in Associated Press. An artist went on to create the iconic 'HOPE' Obama drawing- an infringement by the copyright of the photograph, as well as using Obama's personal campaign logo on the poster also. This was reported by another Journalist in 'Associated Press'- as a result, Richard Fairey and Associated Press have been in court over the matter ever since.

PALIN VS. HEART

- Sarah Palin was known by her friends as 'Barracuda'- the song 'Barracuda' by Heart was played at all of Palin's conventions- and broadcast on television. Heart were "offended" (moral rights infringement) as they did not want to be associated with Palin's politics.

JOHNNY CUPCAKES & COPYRIGHT INFRINGEMENT

- Urban Outfitters
- Benny Frying Pan

GAYLORD VS. UNITED STATES POSTAL SERVICE

- The photographer licensed a photograph of the Korean War Veterans Memorial statues to the Postal Service for a memorial stamp- but what he failed to do, was to ask the permission of the sculptor. 
When an art piece is public and permanent, you may photograph it, however, you cannot photograph temporary exhibitions. In this scenario, the photographer took the photograph and sold for profit to the US Postal Service, and should have licenced it to the sculpture due to the commercial gain (this is against the law).

FAIR USE LEGISTLATION

- Many original designs have the copyright retained by the artist, but for which others have the permission to use. An example- a rubber stamp- allowed to be used for personal use, but not for commercial gain (as this is potentially stealing the income of the original artist).

- Sampling music is also a part of this fair use legislation- can be used for personal use, 
but not commercial gain.

HOW TO SECURE YOUR COPYRIGHT NOW

- Add the symbol, date, and your name
- KEEP A LOG OF YOUR SIGNIFICANT CREATIONS (see example below)
- Publish (online?, etc)
DATE-TITLE OF THE PIECE (with ID no) -LOCATION... eg...
01/01/12    ID 23456- Photo of Green frog   Deviant Art & external HD

HOW LONG DO THEY LAST?

- Patent, max 20 years
- Trademarks and logos, Forever. Renew every 10 years
- Design rights, Up to 25 years, Renew every 5 years
- Copyright, Until 70 years after death (can be left to children, grandchildren- or assigned to someone else)

HOW DO WE USE IT?

- George Lucas gave up part of his salary at Fox studios for a share in the box office revenue 
and merchandise rights (v fluent in copyright law).

LICENSING

- When you leave copyright to someone after your death, such as Warhol's foundation- Andy Warhol foundation, will license any image for funding towards charity support of the arts in the underprivileged.
- When J.M Barie died, he left the copyright to the Great Ormond Street Hospital- one of the Hospital's greatest sources of incomes (donated before the Dinsey films, etc)- can buy merchandise, films, music, etc- all royalties go directly towards the hospital. In 1987, the Hospital planned for the loss of this commission- and planned for an author to write a sequel 'Hook'- and the income still rolls in.
However, they lobbied against the copyright (years) to support the hospital. The Government overturned it, and, now, if you leave copyright to a non-for-profit or charity company, the copyright never expires.
- DeviantArt licenses work for no fee.
- CSL cartoon stock- animations, illustration uploads, etc. Don't have to license/make an income- but a good, long-established website- with another date stamp on your work (not totally proven, but a great deal of trust behind the application of the dates).
- Association of Illustrators- can upload portfolio, will agent for you, registering and licensing work, job opportunities available- get the royalties deserved for the use of your work.

- OWN IT (on website of University of the Arts, London)- Intellectual property advice site.
- www.ipo.gov.uk (Intellectual Property Office)

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