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Factory21 Creative and Digital Media Apprenticeship Work Based Competence

What this? â€˘ This is a brief guide to help you answer the questions for : â€˘ Unit 3 - Awareness of converging digital technology in the Creative Media sector

What are the questions? 1.

1. What types of technology have you used to complete your assignments and how have you used them? 2. How have you used these pieces of technology together to create a final product? 3. What is intellectual property and how does this apply to digital media? 4. What effect does Copyright have on intellectual property? How does the effect the way it can be used? 5. What are the differences between UK Copyright Law and International Copyright Law? 6. How does Copyright effect work which has been edited to such an extent that it is unrecognisable? 7. How do you Copyright work? 8. In what situations can the copyright ownership of work created differ from the person who produced it? 9. What does ‘converging technology’ mean and can you give any examples? 10. What impact has convergence had on the Creative Media Industries? 11. How have audiences’ expectations changed due to new technologies and changes in trends? 12. What examples can you give of how new audiences and revenue have been created through the use of multi-platform content? 13. How has converging technology created new ways for people to gain commissioned work or funding for their ideas/projects? 14. In what ways can we exploit converging technology?

QUESTIONS ONE AND TWO: Q1. What types of technology have you used to complete your assignments and how have you used them? Q2. How have you used these pieces of technology together to create a final product? â€˘ These questions are asking you to remember the tools, hardware, software and processes that you have used throughout your training, and how you used them together to evidence your final work.

What tools have you used and how?

test

record transact enhance distribute transmit playback

edit capture design receive develop store

communicate

QUESTION THREE Q3 What is Intellectual Property, and how does it apply to digital media? â€˘ This question is evaluating your understanding of the term Intellectual Property and how (where) digital media can be used to certify IP

Intellectual Property â€œIntellectual Property (IP) results from the expression of an idea. So IP might be a brand, an invention, a design, a song or another intellectual creation. IP can be owned, bought and sold. â€? Source: http://www.ipo.gov.uk/

Digital technology and Intellectual Property

QUESTIONS FOUR TO EIGHT 4. What effect does Copyright have on intellectual property? How does this effect the way it can be used? 5. What are the differences between UK Copyright Law and International Copyright Law? 6. How does Copyright effect work which has been edited to such an extent that it is unrecognisable? 7. How do you Copyright work? 8. In what situations can the copyright ownership of work created differ from the person who produced it? These questions are testing your understanding of copyright law and how it can be observed and enforced in the digital age

Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other, related rights. It is applicable to any expressible form of an idea or information that is substantive and discrete.

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A trademark, trade mark, or trade-mark[1] is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. A trademark may be designated by the following symbols: ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods) ℠ (for an unregistered service mark, that is, a mark used to promote or brand services) ® (for a registered trademark) A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements

A patent ( /ˈpætənt/ or /ˈpeɪtənt/) is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention. The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claimsdefining the invention which must meet the relevant patentability requirements such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.[1]

SOURCE: WIKIPEDIA

Q4. What effect does Copyright have on intellectual property? How does this effect the way it can be used? Q7. How do you Copyright work? â€˘Copyright doesn't protect ideas. The work must be fixed (e.g. written or recorded) There is no official registration system for copyright. It's an automatic right in the UK A Copyright work could be marked with ÂŠ, the owner's name, and the year it was created You should only copy or use a work protected by copyright with the copyright owner's permission. Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on. Copyright does not protect ideas for a work. It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright. A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it. For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark.

Original works Most works must be original to have copyright protection. Websites and the internet The same rules apply on the internet as with other medium. Written work including software and databases Software and databases can be protected as written work. Theatre Dance and mime can receive protection too. Music Music can have numerous types of work capable of protection. Artistic works including photographs Photographs are also artistic works. Spoken word and performers Performers of spoken word may receive protection. TV and Film Numerous types of work can be protected in the case of TV and film.

Permitted uses of copyright works You would not normally need to seek permission if you wish to use less than a substantial part of a copyright protected work. Additionally there are a number of exceptions in copyright law which allow limited use of copyright works without the permission of the copyright owner. Please note that this list is not exhaustive and particular care should be taken if you intend to rely on an exception: Non-commercial research and private study Criticism, review and reporting current events Teaching in educational establishments Helping visually impaired people Time shifting Certain exceptions require you to give sufficient acknowledgment when making use of a copyright protected work. It is not an infringement of the copyright in a work if you draw, take a photograph or make a film of, buildings or sculptures or works of artistic craftsmanship which are located in a public places or in premises open to the public. Copyright is not infringed in any material when it is used in legal proceedings.

Q8. In what situations can the copyright ownership of work created differ from the person who produced it?

1. EMPLOYEE CREATED WORKS If a literary, dramatic, musical or artistic work or film is made by an employee in the course of their employment, the employer is the first owner of copyright in the work. However, this can be overridden by the specific contract of employment or any other agreement to the contrary. An employer should keep careful records of which employees create works in the course of their employment, as well as the terms under which copyright material is produced on commission.

Q8. In what situations can the copyright ownership of work created differ from the person who produced it?

â€˘ 2. COMMISSIONED WORKS When you ask or commission another person or organisation to create a copyright work for you, the first legal owner of copyright is the person or organisation that created the work and not you the commissioner, unless you otherwise agree it in writing. However, in some circumstances, for example when copyright is not dealt with in the contract to commission the work, Courts may be willing to find that there is an implied licence from the contractor to the commissioner so that the commissioner is able to use that work for the purpose for which it was commissioned. This does not necessarily result in a transfer of ownership. Instead, the company commissioning the work may only get a limited non-exclusive licence. This situation demonstrates the importance of establishing who owns copyright through a contract.

Q8. In what situations can the copyright ownership of work created differ from the person who produced it?

â€˘ 3. CROWN COPYRIGHT Copyright material produced by Her Majesty or by a Servant or Officer of the Crown in the course of his or her duties belongs to the Crown.

Enforcing your IP You are responsible for enforcing your intellectual property (IP) rights. You may though be able to resolve your dispute without taking any legal action. As an IP right owner you should also try to show your IP is protected. You should seek advice from a legal professional (such as a Patent or Trade Mark attorney) before entering into any disputes. Depending on the type of dispute, you may file patent proceedings in the IPO or with the Courts. You may also ask the IPO to take action in relation to some trade mark issues and design issues (professional section). If you have not registered your IP rights, you may be able to take action under common law of passing off. You can take legal action through the civil courts by for instance applying for an injunction and/or claiming damages if your IP right is infringed, that is it is used without your permission. You can safeguard against legal costs by taking out an insurance policy. Infringing others rights If you use someone else's intellectual property (IP) without their permission you may be infringing their IP rights, and they may be able take legal action against you. You can ask www.ipo.gov.uk for a non-binding opinion on patent infringement.

Copyright Enforcement • Copyright is infringed if the whole or substantial part of a work is used in a manner restricted by copyright. Only the owner of the copyright or exclusive licensee may bring an action for civil copyright infringement. The enforcement of criminal infringement is usually dealt with by public authorities. If you do go to court, the courts can: • (a) Stop that person making further infringing use of the material by granting an injunction • (b) Award the copyright owner damages • (c) Make the infringing party give up related goods to the copyright owner, for instance copies made

Question Five â€˘

Q5. What are the differences between UK Copyright Law and International Copyright Law?

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UK copyright light is based in UK civil law and it's precedents. International copyright law, is not restricted to or by any individual nations legislation, but is enforced through a set of widely agreed trade directives set by the 160+ members of the World Trade Organisation, which requires all it's members to be party to the TRIPs ( TradeRelated international Property Rights ) agreement, which is an extrapolation of the Berne Convention ( which changes little between its inception in 1886 and superficial changes in 1971 ) . as such, any changes to "International copyright law" require the consent of every single member country, whereas changes to UK copyright can be effected by and within its own parliament

In the UK the copyright exists and can be assigned in the whole work at the point of manifestation. In the US, that copyright in different aspects of the work may need to be registered with the local and / or national organisation. For example, a US court may treat the copyright in a sound recording, a video of the sound recording and a transcription of a sound recording as separate manifestations of an ideas requiring registration of a copyright in each medium. "Poor man's copyright" The United States Copyright Office makes clear that the technique of "Poor Mans Copyright" is no substitute for actual registration. "poor man's copyright." proposes that the creator send the work to himself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. in the UK, the default attribute is All rights reserved - no derivative works can be made from any part of the original expression. once manifest. In this sense, although proving copyright is still dependent to a degree on legal and financial instruments, UK copyright is not means tested at the point of origin

â€˘ 6. How does Copyright effect work which has been edited to such an extent that it is unrecognisable?

The legal test is whether the copy is substantially similar to the copyrighted work. One of the relevant considerations is the amount of (the original) work that is included. For example a photograph that includes such a small portion of an artwork as to render it unrecognisable to the average layperson would not be considered copying.

Adapted From Legal Handbook for Photographers: The Rights and Liabilities of Making Images â€˘ By Bert P. Krages