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1 “Your trusted IP Professionals” BY P. KANDIAH “CREATIVE EXPRESSION” BENEFITING FROM YOUR COPYRIGHT AND USING THE COPYRIGHT WORKS OF OTHERS

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Page 1: “creative expression” benefiting from your copyright and using the

1“Your trusted IP Professionals”

BY P. KANDIAH

“CREATIVE EXPRESSION”

BENEFITING FROM YOURCOPYRIGHT AND USING THE

COPYRIGHT WORKS OF OTHERS

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2“Your trusted IP Professionals”

Visually Through sound

Through writing Through motion

In three dimensions Through multimedia

Creative Expressions

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3“Your trusted IP Professionals”

Examples of creative expressions

� Choreography� Sculptures� Buildings� Movies� Computer Games

� Paintings� Photos� Songs� Novels� Poems� Plays� Music

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Copyright� Protects original works� Copyright protects a wide range of works

Eg. Written works – books, speeches,magazines and newspaper,articles, novels, stories,poems, essays, plays,textbooks, web pages,advertisements, dancenotations, operation manuals,written instructions.

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Copyright (Cont’d)

Musical works – musical compositions, lyrics,songs and ring tones, in alltypes of formats (sheet music,CDs, MP3 files, any media)

Artistic works – drawings (both technical,engineering, scenic etc),paintings, photographs,comics, sculptures,architectural works, maps

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Copyright (Cont’d)Dramatic and choreographic works – plays, operas,

dance

Films and multimedia products – movies, videogames, TVprograms,cartoons

Computer program – human (source code) andmachine (object code)computer programminglanguage

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� Copyright does NOT protect ideas,concepts, facts, but only the expressionwhich is contained in a medium.

� Expression must be original

Eg. Dog playing with a ball

Copyright (Cont’d)

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Example: A book on furniture making

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Example: A recipe book

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Example: Women’s magazine

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Example:Reader Digest

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�Using copyright works of others�Law attempts to balance right of owner of

copyright works and right of public toaccess / use the works.

�Rights granted to copyright owners�Economic Rights and Moral Rights�Moral Rights – unique to rights in copyright

not found in other IP Rights.

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� Economic Rights – Authors (owners) have theexclusive rights to:

a) Reproduce the work – includes any form of copying,such as photocopying, downloading,uploading, printing, recording,photographing, scanning, etc.

b) Translate – the work into otherlanguage

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c) Adapt the work – this alteration or transformationusually changes the type of work.Eg. making a novel into a movie, animating a

drawing into a cartoon, charactermerchandising – toys, T-shirts,

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d) Exhibit / perform – the work in publicEg. displaying photos in an art gallery,

performing a play in front of an audience,playing a CD in a store or restaurant orany “public” place (eg. shopping mall)

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d) Exhibit / perform – the work in public (Cont’d)

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e) Distribute – the work by selling / or commercialrental to the public

f) Broadcast – the work. eg. playing a song over theradio, or showing a film on TV, playinga song over the PA System in a factory

“re- broadcasting”

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g) Communicate – the work to the publicEg. uploading a work onto the internet

Doctrine of exhaustion of rights depends on nationallaws of a country parallel imports.

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� Moral Rights – Rights which maintain a personallink between authors and their work.

Include the right to:a) be recognized as the author of a work (right of

paternity). This means that authors can chooseto sign their names, to not sign their names(remain anonymous), or to sign a fictional name(use a pseudonym) on their work

b) object to any changes to the work which coulddamage the author’s honour or reputation (rightof integrity)

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�Doctrine of Fair Use.The right of control does not include.�By way of fair dealing for purposes of non-

profit research, private study, criticism,review or the reporting of current events.

�Parody, pastiche or caricature.

� Inclusion in a film or broadcast of anyartistic work situated in a place where itcan be viewed by public.

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Is acknowledge of source good enough?

What is copying in law?

Quantitative or Qualitative

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Exploitation of work globally?

Is registration required?

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Copyright + Branding

Marketing

Distribution

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THANK YOUP. Kandiah

Tel: 03 2284 7872Fax: 03 2284 1125

E-mail: [email protected]