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CHAPTER 2.4 - INTELLECTUAL PROPERTY

In this chapter, you are to spend around 2 hours reading through this entire page and participate in the discussions, activities and tasks. You have to finish this e-learning session before the media education lesson next week. Marks will be given for all participation in the discussions and activitites, which will contribution to your overall grade for Media Education for the year.

 

By the end of the lesson, you should be able to:

  1. Describe what is intellectual property according to the Intellectual Property Office of Singapore (IPOS) guidelines.

  2. State the different kinds of intellectual properties according to the Intellectual Property Office of Singapore (IPOS) guidelines:

    • Trademark

    • Patent

    • Registered design

    • Copyright

  3. Explain what is copyright according to the Intellectual Property Office of Singapore (IPOS) guidelines.

  4. List the types of work protected by copyright according to the Intellectual Property Office of Singapore (IPOS) guidelines.

  5. Explain copyright ownership and infringement according to the Intellectual Property Office of Singapore (IPOS) guidelines.

  6. Explain the exclusions and limitations that apply to users of copyrighted materials according to the Intellectual Property Office of Singapore (IPOS) guidelines.

  7. Describe how to manage intellectual property ownership on social media and Internet matching 90% of the content found in this website.

  8. Distinguish the different ways to license works according to Creative Commons.​

Introduction

Are there any similarities in the 2 songs?

Ray Parker Jr.'s "Ghostbusters"

Ray Parker Jr.'s "Ghostbusters"

Huey Lewis and The News's “I Want A New Drug”

The Ghostbusters Suit

 

Ray Parker Jr.'s "Ghostbusters," one of the catchiest songs in movie history may bears a resemblance to the also popular "I Want a New Drug" by Huey Lewis. Parker won an Oscar nomination for his theme song. Lewis had evidence that he had been approached first by Ghostbusters producers to write a song for the film, but turned it down. In 1985, the two parties settled out of court with the understanding that neither would publicly discuss the suit.

 

Discussion

Are any similarities in the 2 songs?

Is copying of an idea considered violating the copyrights of the owner?

Do you think copying works of others is right?

Go to the following link to write your comments:

http://padlet.com/alextht/ipintroduction

Lesson

Before we being the lesson, fill up the K-W-L Chart at this link: http://linoit.com/users/alextht/canvases/Intellectual%20Property%20KWL%20Chart

 
 
What is Intellectual Property?

Intellectual Property (IP) – creations of the human mind. When protected by law, it gives rise to IP rights.

 

8 Types of IP:​

  • Copyright

  • Trademark

  • Design

  • Patent

  • Geographical Indication

  • Plant Varieties protection

  • Trade secret/ Confidential information

  • Layout design of integrated circuit

 

Patent

  • A right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission.

  • A patentable invention can be a product or a process that gives a new technical solution to a problem. 

  • e.g. Polaroid cameras

 

 

 

 

 

 

Trademark

  • Represented graphically in the form of your company’s logo or a signature.

  • Protect your brand (or “mark”) by restricting other people from using its name or logo.

  • ® symbol

  • e.g Starbucks Coffee, Ya Kun Kaya Toast

 

 

 

 

 

 

 

 

Registered Design

  • Refers to the features of a shape, configuration, pattern or ornament applied to an article by any industrial process.

  • Protecting the external appearance of the article.

  • Prevent others from using the design without your permission.
     

 

 

 

 

 

 

 

 

Copyright

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discussion

Why should you be concerned about copyright?
Why do you think copyright is important?

Enter your comments at the following link: http://padlet.com/alextht/copyright

 

  • Copyright protects creative works.

  • It prevents others from copying / using / reproducing work without the creator’s permission, and gives the creator the right to use the work for any purpose.

  • Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate, adapt his work and to control the commercial exploitation of his work.

  • Denoted by the Symbol ©.

 

How do I get copyright protection?

  • It is granted upon creation.

  • It protects the expression of ideas in a tangible form.

  • The work must be original (not necessarily artistic).

  • There is no need to file for registration to get copyright protection.

 

What is protected by copyright?

Copyright protects the expression of ideas (e.g. words and illustrations). Ideas alone are not protected. The following may be protected under copyright law:

  • Literary works (e.g., written works, source codes of computer programs)

  • Dramatic works (e.g.,. scripts for films and dramas)

  • Musical works (e.g., melodies)

  • Artistic works (e.g., paintings, photographs)

  • Published editions of the above works

  • Sound recordings

  • Films

  • Television and radio broadcasts

  • Cable programmes

  • Performances

 

Rights of copyright owner

  • The person who creates the work (e.g. author, songwriter) owns the copyright to the work.

 

A person is commissioned to create the work > Copyright belongs to the creator

Unless...

A person creates the work as an employee > Copyright of the work belongs to the employer

 

  • TIP: Depending on the contract terms with the employer/ commissioner, you can negotiate to retain copyright ownership.

  • Commissioned works are a little trickier. For commissioned works, the copyright belongs to the creator except when it is in relation to taking of a photograph, the painting or drawing of a portrait or the making of an engraving. In such cases as described, the copyright belongs to the commissioner.

  • Look at the table on the webpage for the list of rights of a copyright owner for the various types of work protected by copyright: http://www.ipos.gov.sg/AboutIP/TypesofIPWhatisIntellectualProperty/Whatiscopyright.aspx

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Seeking permission from copyright owners

  • Infringement occurs when one has not obtained consent from the copyright owner to do something that only the copyright owner has the exclusive right to use / reproduce / copy the work .

    • Example of Infringement: Peter makes a copy of all the songs in Taylor Swift’s new album.

  • To obtain consent from copyright owners, one may:

    • contact the copyright owners directly and negotiate for a licence to use the copyright material; or

    • obtain a licence through a collective management organisation.

    • A person found guilty of copyright infringement could be liable for civil and criminal sanctions depending on the nature of the offending acts.
       

Exceptions to copyright infringement

The Copyright Act provides for certain exceptions to copyright infringement. If you fall within the following situations, you may use copyrighted works without seeking permission from the copyright owner.

 

Fair Dealing

  • Under the provisions of the Copyright Act, copying the whole or a part of a copyright work is permissible as long as it is a 'fair dealing'.

  • Sometimes it is legal to copy someone else’s work, even if it is copyrighted. In deciding if using someone else’s work is legal, the courts use the following fair dealing guidelines:

    • Purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;

    • Nature of the work;

    • Amount and substantiality of the part copied taken in relation to the whole work;

    • Affect of the dealing upon the potential market for, or value of, the work;

    • The possibility of obtaining the work within a reasonable time at an ordinary commercial price.

  • Where the copying is for the specific purposes of research or study, it shall be taken to be a fair dealing as long as the copying limits are observed. For a published work of at least 10 pages, the copying limits are up to 10% of the number of pages or one chapter, whichever is the greater.

  • In other cases, fair dealings for the purposes of criticism, review or reporting current events would not constitute copyright infringement. In the case of criticism or review and the reporting of current events in a newspaper, magazine or similar periodical, a sufficient acknowledgment of the work is required.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright and the Internet

Copyright materials on the internet enjoy copyright protection too. Some examples are:

  • Webpages

  • Emails

  • Downloadable content

  • Creative content

 

 

Question & Answer

 

Jane has an idea for a school play. She didn’t write it down and proceeded to tell her friends about it. Does she have copyright?

 

Ans: No. She has not put it into a tangible form (eg. write it down, record it).

 

Jane writes out the play, but did not register for copyright. Does she have copyright?

 

Ans: Yes. Copyright is granted automatically upon creation in tangible form.

 

Jane’s friend, Peter, wants to stage her play for a fund-raising event. Is this legal?

 

Ans: Only if Peter has sought her permission and Jane agrees to let Peter use it.

Scenario

 

Copyright materials sent over the Internet or stored on web servers should be treated in the same manner as copyright materials in other media.

 

Can I create a hyperlink to a webpage for my school presentation?

 

Ans:

  • A webpage is a subject matter protectable by copyright.

  • Individual works within a webpage can also be protected by copyright.

  • Always check the terms and conditions of use of the website and the works before creating the hyperlink.

  • Example:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Can I copy and paste images from the Internet for my projects?

 

Ans:

  • Many images are protected by copyright.

  • Always seek the permission of the copyright holder, unless the copyright has been refined such that it is available for public use (as in the case of Creative Commons licenses).

 

Can I copy information from the Internet for my projects?

 

Ans:

  • Content on the internet is protected by copyright.

  • You can copy the content without the consent of copyright owners if it is used for the purposes of research/study.

  • You can copy only up to 10% of the number of pages, words or bytes on the one hand, or one chapter on the other hand, whichever is more, for research or study purposes.

IP & Social Media

  • Social media is the online interaction of individuals and exchange of user-generated content / information.

  • When you post content on Facebook and Instagram, you grant them worldwide license to use the content you post.

  • When you tweet, you give Twitter the right to make your Tweets available to the rest of the world and to let others do the same.

  • When you post content on Youtube, you grant them the right to use the content you post.

 

IP ownership on Facebook

By accepting Facebook’s statement of rights and responsibilities, you grant Facebook

  • non-exclusive: not restricted to the person/group concerned

  • transferable: can be passed to another party

  • sub-licensable: license can be granted to a third party

  • royalty-free: right to use material without having to pay fees

  • worldwide licen

to use the content you post.

 

IP ownership on Instagram

By accepting Instagram’s terms of use, you grant Instagram:

  • non-exclusive: not restricted to the person/group concerned

  • fully-paid

  • royalty-free: right to use material without having to pay fees

  • transferable: can be passed to another party

  • sub-licensable: license can be granted to a third party

  • worldwide license

to use the content you post.

 

IP ownership on Twitter

By accepting Twitter’s terms of use, you grant Twitter:

  • the right to make your Tweets available to the rest of the world and to let others do the same.

 

 

IP ownership on YouTube

By accepting YouTube’s terms of use, you grant YouTube:

  • the right to use the content you post.

 

Licensing my work

  • Your work already has copyright protection once you have expressed it in a tangible form. No registration is needed.

  • Creative Commons is a non-profit organisation that enables the sharing and use of creativity through free legal tools.

  • Creative Commons licenses are not an alternative to copyright but are a refinement of it.

  • You can decide how much copyright you want to give to the public.

  • The Creative Commons is merely one of the options / tools a copyright owner can use to licence his works.

  • Creative Commons is NOT the only way to license a work.

  • Read more about Creative Commonts here:

  • Read more about the 6 types of Creative Commons licenses here:

 

1. Attribution

You are free to:

Share – copy and redistribute the material in any medium or format.

Adapt – remix, transform, and build upon the material for any purpose, even commercially.

Under the following terms:

Attribution – give appropriate credit, provide a link to the license and indicate if changes were made.

 

2. Attribution-ShareAlike 

You are free to:

Share – copy and redistribute the material in any medium or format.

Adapt – remix, transform, and build upon the material for any purpose, even commercially.

Under the following terms:

Attribution – give appropriate credit, provide a link to the license and indicate if changes were made.

ShareAlike – if you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

 

3. Attribution-NoDerivatives 

You are free to:

Share – copy and redistribute the material in any medium or format for any purpose, even commercially.

Under the following terms:

Attribution – give appropriate credit, provide a link to the license and indicate if changes were made.

NoDerivatives – if you remix, transform, or build upon the material, you may not distribute the modified material.

 

4. Attribution-NonCommercial 

You are free to:

Share – copy and redistribute the material in any medium or format.

Adapt – remix, transform, and build upon the material

Under the following terms:

Attribution – give appropriate credit, provide a link to the license and indicate if changes were made

NonCommercial – you may not use the material for commercial purposes

 

5. Attribution-NonCommercial-ShareAlike 

You are free to:

Share – copy and redistribute the material in any medium or format

Adapt – remix, transform, and build upon the material.

Under the following terms:

Attribution – give appropriate credit, provide a link to the license and indicate if changes were made.

NonCommercial – you may not use the material for commercial purposes.

ShareAlike – if you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

 

 

6. Attribution-NonCommercial-NoDerivs 

You are free to:

Share – copy and redistribute the material in any medium or format.

Under the following terms:

Attribution – give appropriate credit, provide a link to the license and indicate if changes were made.

NonCommercial – you may not use the material for commercial purposes.

NoDerivatives – if you remix, transform, or build upon the material, you may not distribute the modified material.

 

Discussion

Which of these 6 types of Creative Commons licenses would you register your work under and why?

Enter your comments on the mind map: https://coggle.it/diagram/VsR3jV-xTL8FXfhi

 

Case Studies

Study the case studies in these pages:

After studying on the case studies, answer the question:

  • What impact does the social media or Internet has on intellectual properties and copyrights?

Login to your account at Coursesites.com (https://www.coursesites.com/s/_MediaEducation_Year2), under the course “Media Education”, go to the “Discussions”, go to "What impact does the social media or internet has on intellectual properties and copyrights?" thread, and post at least 1 comment and 2 replies before the next Media Education face-to-face lesson.

 

Study the case study in the page below:

Discuss the following question in the discussion forum:

  • Where's the line between creative inspiration and creative theft?

Login to your account at Coursesites.com (https://www.coursesites.com/s/_MediaEducation_Year2), under the course “Media Education”, go to the “Discussions”, go to "Where is the line between creative inspiration and creative theft?" thread, and post at least 1 comment and 2 replies before the next Media Education face-to-face lesson.

 

Quiz

You need to complete a quiz. Login to your account at Coursesites.com (https://www.coursesites.com/s/_MediaEducation_Year2), under the course “Media Education”, go to the “Content” and click on “Intellectual Property Quiz” to start the formative assessment.

 

Respecting IP

 

Download/stream legitimate content

IP creators deserve our respect and the right to reap the rewards of their hard work and investment from their creations.

 

IP is important

Creativity and innovation improve the quality of our lives, create jobs and promote the flourishing of our economy.

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