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MMST13017 Week 8

MMST13017 Business of Digital Innovation Week 8 Lecture

Jonathan Purdy

on 29 April 2011

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Transcript of MMST13017 Week 8

Business of Digital Innovation Week 8 - Intellectual Property (IP) Introduction Lack of universality The impact of the digital Tutorial We look at IP (Intellectual Property) - contentious since the printing press allowed the printing of books attributable to specific “authors”

Books were around prior to the printed text, but if you needed a copy of the book or manuscript, you had to personally create a handwritten copy Australian intellectual property The concept of copyright wasn’t and isn’t universal. Many countries have very different perceptions of copyright. Keep working on your business plan for assignment 3 this week.

Is the innovation that you’ve identified for assignment 3 subject to copyright? If not, then it’s not an innovation! Are any of the other types of intellectual property rights applicable to your innovation? Additional websites of interest Caslon Analytics – intellectual property issues website

International Confederation of Societies of Authors and Composers (CISAC)

The World Intellectual Property Organisation (WIPO)

IP Australia

Brian Martin’s argument against intellectual property

Australian Government – Department of Foreign Affairs and Trade

Creative Commons and the Creative Industries

Managing Copyrights in the Cultural Industries

The Intellectual Property Development in China Authors wanted acknowledgement and remuneration.

1710 “Statute of Anne” introduced the ‘regime that differentiated between ideas (free) and the expression of those ideas (protected by the state for a finite period to provide an incentive for creativity and investment in printing/distribution) Confederation of Societies of Authors and Composers (CISAC)
" The authors of literary, musical, artistic and scientific works play a spiritual and intellectual role in society which is to the profound and lasting benefit of humanity and a decisive factor in shaping the course of civilisation."

US lawyer Zechariah Chaffee
"intellectual property is, after all, the only absolute possession in the world ... The man who brings out of nothingness some child of his thought has rights therein which cannot belong to any other sort of property"
In 2007, you could download the entire Tori Amos 2005 album “The Beekeeper” for $3.36 (USD) from a Russian website where the copyright laws are different, making the website perfectly legal. This has infuriated a number of other countries and, of course, artists who aren’t receiving royalties for their work. The speed at which technology is changing makes it difficult for governments to deal with these changes legislatively.

Digital versions of art, books, music is that they are very easily replicated without the loss of quality

Digital products can easily be transferred around the world. Copyright - it applies automatically whenever you create a new work Mistakes were often introduced and the “new” authors often included their own references or other information. The printing press changed this by creating a “fixed” text

With the advent of identically reproduced fixed text came the concept of “authorship” or “ownership” and the introduction of copyright. E.G.
The sale of “pirated” software CDs and DVDs that are duplicated and can then be purchased at very low prices in some countries. World Intellectual Property Organisation (WIPO) is working on establishing treaties intended to more closely align IP laws internationally. E.G.
The production and sale of merchandise that carries designer labels (e.g. Gucci, Rolex) which have not been authorised by the IP owner of the label. • it applies to original expressions of ideas or information
• it does not apply to information or ideas.
• there are no formalities (filling in forms and their lodgement) or fees Australian Government’s Attorney General’s Department suggests that you include the following statement: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of (name and address of owner and the year produced). Additional protection for copyright works in digital environments - e.g. website, CD, DVD, etc. – the government introduced the Copyright Amendment Bill in 2006. What, then, does copyright protect?

Original works: dramatic, literary, artistic and musical


Broad range of material considered subject to copyright - but only subject to Australian copyright if it has been created by an Australian citizen or permanent resident Other people cannot reproduce part or all of the work without the express permission of the copyright owner

Some exceptions e.g. 10% of a printed book or one chapter (whichever is the greatest) can be reproduced for educational purposes. Copyright doesn’t last forever - it continues for 70 years after the death of the copyright owner The copyright owner is responsible for identifying instances of copyright infringement - seek legal advice Other types of intellectual property Circuit Layouts - protects the layout-designs of integrated circuits (also referred to as computer chip designs or semi-conductor chips Patents - rights to inventors of new inventions; improved products or devices, substances and methods or industrial processes - provides exclusive rights to the owner to exploit the invention for the life of the patent, which is 20 years Trade Marks - protection to a letter, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or combination of these - registration lasts for 10 years Designs - protection to the visual appearance or design of a manufactured article - shape, pattern or ornamentation - registration can last for up to 16 years Plant Breeder's Rights - exclusive commercial rights to market a new plant variety - production, sale and distribution of the new variety Registration - protection of patents, trade marks, designs and plant breeder’s rights - is dependent upon a formal registration procedure conducted by the central or regional offices of IP Australia Intellectual property, including copyright can become very complicated in some cases - consult with a lawyer who specialises in intellectual property
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