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IntellectualIntellectual
PropertyProperty
StuffStuff
June 2013June 2013
Jennie Vickers ZeopardLawJennie Vickers ZeopardLaw
fromfrom
Jennie Vickers the Myth-busterJennie Vickers the Myth-buster
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TheThe HerdHerd
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MythsMyths7Now its mineNow its mine
Its mine I paid for itts mine I paid for it
I can get it so I can use itcan get it so I can use it
I paid for the CDpaid for the CD
Zeopard is mineZeopard is mine
Its my idea, hands offts my idea, hands off
I said thankssaid thanks
Myth 1Myth 1
Its not copyright infringementIts not copyright infringement
if youif you changechange 10 / 20 / 30%10 / 20 / 30%
MineMine
Now itsNow its
QualityQuality
not quantitynot quantity
that countsthat counts
ItsIts
SubstantialSubstantial partpart
of original owners workof original owners work
Intellectual Property Myths and Social Media June 2013
Lets getLets get
CreativeCreative
photos - buy or get snappingphotos - buy or get snapping
music - buy (unless you got skill)music - buy (unless you got skill)
written word - create ownwritten word - create own
expressionexpression
Myth 1Myth 1
Intellectual Property Myths and Social Media June 2013
Lets getLets get
CreativeCreative
photos - get snappingphotos - get snapping
music - buy (unless you got skill)music - buy (unless you got skill)
written word - yes and, yeswritten word - yes and, yes
but...but...
Myth 1Myth 1
Myth 2Myth 2
CreatorsCreators
own their worksown their works
II paidpaid forfor itit
Its mineIts mine
ButBut when made underwhen made under
EmploymentEmployment
Whats mine is mineWhats mine is mine
Whats yours isWhats yours is minemine
oror CommissionedCommissioned
make sure the contractmake sure the contract
says sosays so
Whats yours isWhats yours is minemine
Lets getLets get
CreativeCreative
Beware if employeeBeware if employee
Written agreementWritten agreement
Myth 2Myth 2
Myth 3Myth 3
so I can use itso I can use it
I can get itI can get it
Its ok if I download itIts ok if I download it
from the netfrom the net
AccessibleAccessible
does not equaldoes not equal
useableuseable
Lets getLets get
CreativeCreative
photos - get snappingphotos - get snapping
music - buy (unless you got skill)music - buy (unless you got skill)
written word - yes and, yeswritten word - yes and, yes
but...but...
Myth 3Myth 3
Creative Comms / royalty freeCreative Comms / royalty free
Myth 4Myth 4
I bought the CDI bought the CD
so I can use theso I can use the
music how I likemusic how I like
for thefor the CDCD
I paidI paid
does not equaldoes not equal
buying the right to playbuying the right to play
it in publicit in public
buying a cd...buying a cd...
TwoTwo aspects:aspects:
APRA / PPNZAPRA / PPNZ
composer(s) of song-lyrics andcomposer(s) of song-lyrics and
tunetune
owner of the recordingowner of the recording
Lets getLets get
CreativeCreative
get royalty free musicget royalty free music
get things writtenget things written
or played for youor played for you
Creative CommonsCreative Commons
Myth 4Myth 4
www.castlemusic.co.nzwww.castlemusic.co.nz
www.istock.comwww.istock.com
Myth 5Myth 5
I own a trademark so I canI own a trademark so I can
stop everyonestop everyone
is mineis mine
ZeopardZeopard
45 classes45 classes
10 year protection10 year protection
TrademarkTrademark
Lets getLets get
CreativeCreative
register .com firstregister .com first
register trademarkregister trademark
Possible classes - 35, 41 ?Possible classes - 35, 41 ?
Myth 5Myth 5
Use it or lose itUse it or lose it
Myth 6Myth 6
I came up with theI came up with the
idea, so no one elseidea, so no one else
can use itcan use it
Its my ideaIts my idea
hands offhands off
Myth 6Myth 6
There is no copyright in anThere is no copyright in an
idea - only the expression ofidea - only the expression of
an ideaan idea
Its my ideaIts my idea
hands offhands off
Whats the difference?Whats the difference?
Lets getLets get
CreativeCreative
Constant evolutionConstant evolution
Yes and, yes but...Yes and, yes but...
Unique encapsulationUnique encapsulation
Myth 6Myth 6
Myth 7Myth 7
AcknowledgementAcknowledgement
does not give userdoes not give user
rightsrights
I saidI said
thanksthanks
Yes and, yes but...Yes and, yes but...
Lets getLets get
CreativeCreative
Creative commonsCreative commons
Get respectfulGet respectful
Myth 7Myth 7
CreativeCreative
CommonsCommons
Andrew MagillAndrew Magill
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TheThe HerdHerd
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Intellectual Property Myths and Social Media June 2013