Copyright & Design Rights -
Design
The design rights are typically owned by the creator of the design,
except if you was under employment within a company or commissioned to
create the work, then the company or commissioner owns the rights to the
design.
The design rights protect the shape and configuration of a design and
are used to prevent copying and distorting an original design. It is
possible to buy the rights to a design in the same way you can buy
copyrights. Design rights are separate to copyright, the copyright
protects the details of the design as well as anything else included in
the final product; such as separate literature or marketing materials.
Where as the design rights focus more on protecting the shape,
configuration and construction of the final design. Unregistered design
rights are automatic and in the case of a later dispute or legal claims
you only have to show proof of the date and content of the
work.Copyright works differently and only protects from copying of the
design within the countries where the application for copyright applies.
Moral Rights - Design
Moral rights were introduced by the Copyright Design and Patents Act
1988 and exist alongside copyright. They include:
The right to be identified as the author of work (the paternity right).
The right to object to derogatory treatment of your work (the integrity
right). Treatment is derogatory if it amounts to mutilation of the work
or is otherwise prejudicial to the honour or reputation of the author.
This may arise is the artwork is subjected to addition, deletion,
alteraton or adaptation for exampe.
The right not to have an artwork falsely attributed to you.
The right of privacy in certain photographs and films commissioned for
private and domestic purposes
The paternity and integrity right last for as long as the copyright
lasts. Moral rights belong to the author of an original work. They can
be passed to the artist/creators estate on the death. Moral rights
cannot be sold or passed on to another person. Artists are frequently
asked to give up their moral rights in a written document. However it is
unadvisable to ‘waive’ your moral rights as then you would not obtain
any of the benefits of having the paternity rights such as being
identified as the author of your own work.
Intellectual Property - Design.
Intellectual property (IP) refers to creations of the mind: inventions,
literary and artistic works, and symbols, names, images, and designs
used in commerce.
IP is divided into two categories: Industrial property, which includes
inventions (patents), trademarks, industrial designs, and geographic
indications of source; and Copyright, which includes literary and
artistic works such as novels, poems and plays, films, musical works,
artistic works such as drawings, paintings, photographs and sculptures,
and architectural designs. Rights related to copyright include those of
performing artists in their performances, producers of phonograms in
their recordings, and those of broadcasters in their radio and
television programs.
The design rights are typically owned by the creator of the design,
except if you was under employment within a company or commissioned to
create the work, then the company or commissioner owns the rights to the
design.
The design rights protect the shape and configuration of a design and
are used to prevent copying and distorting an original design. It is
possible to buy the rights to a design in the same way you can buy
copyrights. Design rights are separate to copyright, the copyright
protects the details of the design as well as anything else included in
the final product; such as separate literature or marketing materials.
Where as the design rights focus more on protecting the shape,
configuration and construction of the final design. Unregistered design
rights are automatic and in the case of a later dispute or legal claims
you only have to show proof of the date and content of the
work.Copyright works differently and only protects from copying of the
design within the countries where the application for copyright applies.
Moral Rights - Design
Moral rights were introduced by the Copyright Design and Patents Act
1988 and exist alongside copyright. They include:
The right to be identified as the author of work (the paternity right).
The right to object to derogatory treatment of your work (the integrity
right). Treatment is derogatory if it amounts to mutilation of the work
or is otherwise prejudicial to the honour or reputation of the author.
This may arise is the artwork is subjected to addition, deletion,
alteraton or adaptation for exampe.
The right not to have an artwork falsely attributed to you.
The right of privacy in certain photographs and films commissioned for
private and domestic purposes
The paternity and integrity right last for as long as the copyright
lasts. Moral rights belong to the author of an original work. They can
be passed to the artist/creators estate on the death. Moral rights
cannot be sold or passed on to another person. Artists are frequently
asked to give up their moral rights in a written document. However it is
unadvisable to ‘waive’ your moral rights as then you would not obtain
any of the benefits of having the paternity rights such as being
identified as the author of your own work.
Intellectual Property - Design.
Intellectual property (IP) refers to creations of the mind: inventions,
literary and artistic works, and symbols, names, images, and designs
used in commerce.
IP is divided into two categories: Industrial property, which includes
inventions (patents), trademarks, industrial designs, and geographic
indications of source; and Copyright, which includes literary and
artistic works such as novels, poems and plays, films, musical works,
artistic works such as drawings, paintings, photographs and sculptures,
and architectural designs. Rights related to copyright include those of
performing artists in their performances, producers of phonograms in
their recordings, and those of broadcasters in their radio and
television programs.
Hi,
ReplyDeleteSo nice comments...........
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Unit 3: 3.1
ReplyDeleteYou have written a detailed and informative account of how copyright, moral rights and intellectual proprty rights imapct on the industry and the design process.