Multimedia Rights ClearanceCILT

27 February 2004 Richard McCracken

Head of Intellectual Property

The Open University

Copyright fundamentals

• The first owner of copyright is the author (the creator)

• Copyright in an employee’s work vests in the employer

• Copyright ownership can only be transferred in writing

• Rights can be granted verbally or by implication

Three Types of Content

• Authored In-house

• Commissioned

• Existing third Party

In-house

Is work created in the course of employment?

If so, copyright vests in the employer.

What about on-line courses?

What if the author leaves/

What if the work is exploited commercially?

Commissioned work

• Address copyright ownership in the contract

• What rights are required?

• Payment dates/triggers

• Q&A issues

• Specification of the product

• Rights/contractual details part of the deliverables

Existing third-party content

• Text

• Still Images

• Moving Images

• Music

• Software

• Realia

Moving Images

• Rates based per minute or part thereof

• Extracts may not be delivered ‘fully cleared’: check the licence– Performers– Music– Script

Music

• Three types of music: commercial; mood; commissioned

• Four layers of rights • Lyrics• Music• Performance• Recording• MCPS

Internet Resources

• Protected by copyright• Explicit terms and conditions of use• Implied terms and conditions of use• Links provided for ease of use only carry no

endorsement or warranty of services or content• Linking to the home page:

– Complies with implied terms for sites supported by advertising

– Avoid framing– May be more robust over time than deep links

Language Materials

• Delayed responses from rights owners

• Photography/filming overseas

• Privacy rights/moral rights

• Use of realia

• Pro-forma consent forms in native language – for rights owners and for use in taking photos/filming

What Rights Do You Need?

• Copyright ownership default but not always possible

• Analyse your production:– Educational only– Single medium or multiple media– Hard copy or digital– Closed access or open web sites– Plans to commercialise?– UK only?