Relevance of Copyright & Related Rights for SMEs Copyright industries SMEs as user and/or...

Relevance of Copyright & Related Rights for SMEs• Copyright industries• SMEs as user and/or owner/creator• Basics and role of copyright • Digital age

Copyright Industries

The categories of works covered by copyright include:

novels, poems, plays, reference works, newspaper articles, computer programs, original databases, films, musical compositions with or without lyrics, drawings, paintings, photographs, maps, sculptures, architectures, advertisements

Related Rights

Rights related to copyright include rights of :

• performing artists in their performances• producers of phonograms in their

recordings• broadcasting organizations in their radio

and television programs

Different approaches for Copyright Industries• Core Copyright

Industries

• Non-core copyright Industries

Core Copyright Industries

1. press & literature2. music, theatricalproductions, operas3. motion picture &video4. radio and television

Core copyright industries

• 6.software & database• 7. visual & graphic arts• 8.advertising services• 9.copyright collective societies

Non-core copyright industries

The non-core copyright industries refer to those in which part of their products or services are directly related to the creation and exploitation of copyrighted works

New conception of non-core copyright industries

• Interdependent copyright industries

• partial copyright industries

• non-dedicated support industries

B. SMEs as copyright users or owners & creators

As copyright owners/creators, SMEs face specific problems where their impact is magnified because of the nature of the product they produce which is “non tangible” and the disadvantage of their small size.

SMEs as copyright owner/ creator

Two forces affect SMEs as copyright owners in their business.• No need for a relatively large capital to start their business with.• The nature of the product in relation to their intangibility adds to their competitive disadvantage.

SMEs as copyright user

The copyright core industries are heavily dependent on copyright products as inputs in their production process.

Since core industries are heavily dependent on copyright products, higher protection of IPRs implies a higher protection price, then

Can lax protection of copyrights can be beneficial for SMEs working in those core industries ???

SMEs as copyright user

Most businesses, although not directly involved in the copyright area, but they may print brochures or publish advertisements that might create or use any materials protected by copyright or related rights.

Proprietors of these businesses mustunderstand the ABC of copyright law,because safeguarding copyright andsecuring the permission of othersbefore using copyrighted material isnot only a legal necessity but alsogood business sense.

C. Basics and role of Copyright

• Enabling creators to legitimately seek and receive remuneration for use of their works

• giving entrepreneurs the opportunity to generate profits to be reinvested in tomorrow’s creation and distribution process

• providing an impetus for creators/owners to produce more works

• offering rights to control the use of works in the marketplace.

Copyright allows the creators or owners of rights to control the use of their copyrighted works in the marketplace by granting them economic and moral rights over the work by granting:

• economic rights

• moral rights

1.Copyright begins when a work is created or fixed in a tangible form.2. No formalities required, but must be original, not necessarily unique or novel.3. Copyright protection limited in time.4. Works of nationals of the Berne Convention5. Categories of information excluded from copyright protection or use of which exempted from infringement.6.Fair use or dealing for educational or private purposes in terms of the nature of the work, amount of use, the effects of the use on the market, etc.

What’s important for SMEs before use

• Consult with a lawyer• get permission or avoid using it• identify owner• negotiate terms and conditions• find an intermediary

To make sure that subsequent dealings can be carried out without dispute, SMEs must

Clarify the ownership of rights in a contractual agreement.

D. WIPO Internet Treaties & Digital Age

Internet created new business opportunities by providing new business models; at the same time presented fundamental challenges not only to copyright industries, but also to copyright system itself.

the WIPO Copyright Treaty (WCT) the WIPO Performances and Phonograms Treaty (WPPT)

These two Treaties set out a legal framework for safeguarding the interests of creators in cyberspace and open new horizons for composers, writers, artists and others to use the Internet with confidence to create, distribute and control the use of their works within the digital environment.

In the digital environment, SMEs should :

• Ensure any business-related activities of their staff comply with copyright law.

• Formulate and strictly monitor a policy against the installation & use of unlicensed programs on their computers.

Where there is a will, there is a way

New technological measures of protection, such as access control mechanisms and copy protection systems are being created

Conclusion

A strong IPR in this field will also have a positive impact on SMEs as users of copyrighted materials as long as the competitive behavior among producers is preserved. Only by so doing, can those materials protected by copyright and related rights be available in the marketplace at a reasonable and affordable price. The proprietors of SMEs will avoid of any possible conflict or even legal proceedings involving copyright or related rights infringement.

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