This article discusses the basics of Intellectual Property Law, including its enforcement, protection, ownership, infringement, and limitations in the UK. It covers topics such as copyright protection, duration of protection, aspects of copyright laws, ownership, infringement, and limitations of copyright law.
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Running head: INTELLECTUAL PROPERTY LAW Intellectual Property Law Name of the Student Name of the University Author note
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1INTELLECTUAL PROPERTY LAW Introduction Copyright Law is defined as a domestic law and the evolution of it can be traced from the legal regime in the individual countries.The present copyright legislation in the UK is considered a part of the frame of laws that are constantly being adapted to the guidelines of the European Union. As per the Copyright Law, the economic rights of the author are limited so that an individual can reproduce the work for private use without the consent of the author.However, private use does not involve using a service or an enterprise. The Copyright Act therefore, consists of a non-exclusivelistofworks,whichincludesartisanship,music,dramatic, choreographic,filmsandarchitecturalworks.Copyrightprotectionismustfor protecting the originality of an individual’s work. Enforcement of copyright law–United Kingdom has one of the strongest and creative sectors in the world.It can be observed that for the precautionary andprovisionalmeasures,evidenceshouldbepreservedincaseof infringementofthecopyrightrights.Therefore,thesemeasuresforthe infringement were committed on a commercial level. In case of infringement, the infringer must do payment or compensation to the right holder1. According to the law, the amount of minimum damages should not be less than twice the amount of fees. Therefore, if the original ideas of any literary work isused again then it will be treated as infringement and hence that individual will be imprisoned or an amount will be charged as a fine2. Thus, an intellectual 1Cornish, Graham P.Copyright: interpreting the law for libraries, archives and information services. Facet Publishing, 2015. 2Fiesler, Casey, Jessica L. Feuston, and Amy S. Bruckman. "Understanding copyright law in online creative communities."Proceedings of the 18th ACM Conference on Computer Supported Cooperative Work & Social Computing. ACM, 2015.
2INTELLECTUAL PROPERTY LAW property right has played an essential role as a protection of the considerable interests of the nations and the literary works. Along with this, there are plenty of requirements that should be fulfilled for obtaining copyright. Protection of Copyright Laws– Copyright protection is applicable only when there is any kind of record of the product or the material that has been created without any official form of registration. The originators can therefore take necessary steps for proving that they were the original creators. It includes submitting a copy with an advocate or in a bank. Protecting an individual’s own work or having the control of their own work will help them in protecting thework.Therefore,forprotectingone’sownwork,registrationofthat particular work must be done as per the rules of the Copyright Act.If the work is not registered then, any other individual using the idea or the work for creating another work will not be held liable for infringement. In the given scenario, Archie will not be able to use those same games or ideas for advertising another new venture or game.There are a set of work that are considered to be eligible for copyright protection in the jurisdiction of United Kingdom. As per the law,a work that is eligible for copyright protection is an original intellectual, artistic, literary and scientific. The work must be created in any of these forms. The features of the work must have a minimal degree of creativity.Protectionofcopyrightisthereforenecessaryasitsavesthe individuals and their work that they have created. As mentioned above, the work is granted with protection despite its artistic value or its protection.The Copyright, Design and Patents Act, 1988 is considered to have a longer period of protection than the previous historic legislation. Hence, for protecting
3INTELLECTUAL PROPERTY LAW the designs of the games created by him should be registered under the Copyright Act. The reason for this is that no infringement should occur3. Therefore, the same design cannot be used or utilized again.Hence, Archie will not be successful in using the same protected designs that is already registered under the Copyright Act.Along with the protection of registered artistic works, there are special provisions for the protection of non-artistic works. The non-artistic works consist of databases and software. Cultural expressions and traditional information or any kind of data related to it cannot be protected.Therefore, the original work of Archie is software of video games that is protected under the law with the help of special provisions. Therefore, copyright protection arises when naturally the moment the Archie had created the work. It is different from a trademark or a patent. DurationofprotectionofCopyrightLaws-Asdiscussedabovethe protection of copyright depends on the kind of work. The protection of the copyright thereafter lasts for the entire life of the author. It will continue even after the death4. After the death period, the state can execute the rights that are related to the acknowledgement of the author’s right of paternity and for protecting the integrity of the work along with the moral rights5.Hence, after the death of Archie, the copyright ownership of his designs will remain the same. Aspects of Copyright Laws– While dealing with the aspects and theories of the Copyright laws, there must be establishment, deposit and registration of the rights of the owner. According to Copyright Law of United Kingdom, it is 3Cantatore, Francina, and Jane Johnston. "Moral rights: Exploring the myths, meanings and misunderstandings in Australian copyright law."Deakin L. Rev.21 (2016): 71. 4Drahos, Peter.A philosophy of intellectual property. Routledge, 2016. 5Gilbarg, David, and Neil S. Trudinger.Elliptic partial differential equations of second order. springer, 2015.
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4INTELLECTUAL PROPERTY LAW statedthatnospecificsystemforcopyrightregistrationexistspresently. Therefore, the law defines the situation where it has been observed that the rights are usually vested in the individual who has created the work without facing any kind of formalities6.Hence, after the work is established under the necessary act, it can be recognized or identified. The work created by Archie was therefore produced and established under the above-mentioned act. Once the work is established, it comes under the notice of every individual. Thereafter, the process of registration and deposit comes in the scenario. It canbesaidthattherearenospecificprocedurefortheregistrationof copyright. For evidential purposes, the material is filed with a notary public. The purpose of the registration is that it is dictated by a few specific legislative acts that are not linked to the ownership of copyright but to safeguard the cultural heritage7.While dealing with the situation of Archie, if the aspects of copyright are applied then he will not be able to use his old creations for designing and advertisingthenewbusiness.Theownershipofthegamesandthe promotional material is vested with Archie as he was the employee of X- games and had formed a contract for a year.In the United Kingdom, an individual cannot make use of copyrighted material without explicit permission to do so. However, United Kingdom copyright laws states that upon the creation, the work is automatically copyrighted8. 6El-Nasr, Magy Seif, Anders Drachen, and Alessandro Canossa.Game analytics. Springer London Limited, 2016. 7Stokes, Simon.Digital copyright: law and practice. Bloomsbury Publishing, 2014. 8.Sekaran, Uma, and Roger Bougie.Research methods for business: A skill building approach. John Wiley & Sons, 2016.
5INTELLECTUAL PROPERTY LAW Ownership– According to law, not every individual are eligible for owning copyright in a work. Therefore, if a natural individual creates a work, it can own copyright. In case of legal entities, they can become the owners of copyright directly9. If any individual makes the work available lawfully to the public then it will be considered that the third parties will treated to be the basic copyright owner10. However, a few specific rules and regulations govern the collective kind of ownership of a copyright work as it has been laid down in the case ofSAS Institute v World Programming [2013] EWHC 69 (Ch).In such situations, when an employee creates a work during the course of employment contract, then the copyright will be vested in the employee who is the author of the work.Thus, Archie cannot use the same design that he had already created being a computer games designer. Infringement of Copyright Laws–As per Copyright law of United Kingdom, the infringement of copyright refers to a situation that breaks the law. When any act associates or involves the subject matter that is alike to that of a copyright to the extent that they should be protected by law11. Hence, when one person creates the same identical creation of the work that already exists, then it will result in a situation of infringement. When the economic rights are exploited from the work consisting of the right to communication, adaptation and reproduction by violating the moral rights or without the permission of the author then it will be treated as an infringement.Archie will therefore be held for infringing his own work. The United Kingdom copyright law identifies the 9Gilbarg, David, and Neil S. Trudinger.Elliptic partial differential equations of second order. springer, 2015. 10Schwabach, Aaron.Fan fiction and copyright: outsider works and intellectual property protection. Routledge, 2016. 11Suzor, Nicolas, Rachel Choi, and Suzannah Wood. "Reality bites: when copyright law and reality cooking meet, only the lawyers win."The Conversation(2015).
6INTELLECTUAL PROPERTY LAW contributory infringement12.IP rights can be infringed when law of IP protects an invention or a creation. Criminal penalties can be stipulated. It therefore has a list of offences and penalties where infringement can occur. Firstly, when copyright is violated as well as the related database rights. Secondly, when unauthorized software programs are used13. Lastly, when the technical measures are circumvented. In such situations when the owner of the infringed rights are bound to declare the civil with the help of the criminal proceedings then a complaint can be filed. Archie will therefore be held liable for copyright as it have been observed in the case ofRogers v Koons. There must be awareness of the elements involved and their will to commit the offence14. The criminal liability therefore exists only when the perpetrator foresees the probability of the act that is causing the infringement. Fines can also be imposed when there has been any kind of unlawful reproduction or distribution with the intent of a computer program. In case of copyright infringement actions, it can be brought before the Courts by the author along with their special successors. It can be said that infringement can be filed 115 days from the date on which an infringement action is filed for submitting briefs that act as an evidence15. However, the time frame can therefore be extended by 30 days if the defendant is residing outside the country. The decision is usually declared between 14 to 20 months. The remedies of the infringed copyrights include the identification and 12Prime, Terence.European intellectual property law. Routledge, 2017. 13Cornish, Graham P.Copyright: interpreting the law for libraries, archives and information services. Facet Publishing, 2015. 14Patterson, Lyman Ray.The nature of copyright: a law of users' rights. University of Georgia Press, 2017. 15Joyce, Craig, et al.Copyright law. Carolina Academic Press, 2016
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7INTELLECTUAL PROPERTY LAW creation of copyrights and the abstention from infringement in the future. The right holders are entitled to claim compensation and the moral damages caused16.An individual can defend himself in such a scenario since it lays down the exceptions that are related to the exploitation powers of the right holders. It can therefore be invoked against a claim of infringement. It clearly states that it has limitations, which can be applicable only in specific cases17. ThishasbeenprovedinPublicRelationsConsultantsAssociationv Newspaper Licensing Agency and others.Archie being the first creator of the colorful and large creature games, cannot recreate another one or advertise a new one with the same design, concept and name. The cartoon game that he created was therefore a huge success and recognized by every individual residing in the country. LimitationsofCopyrightLaw–Thereareplentyoflimitationsand exceptions of copyright that can be observed. The license of the agreement of the exploitation of pecuniary rights can be mad possible and must be taken in a written form18. If it is not done in a written manner, it will be considered to be invalid. The rights are therefore, transferred over the author’s future work. The moral rights should be transferred but the authors can only inherit it. They can execute activities as per will of the author. Archie being a computer games designer, was asked to create and design a computer game for children. It was his own creation. The game was made for children who are aged between 5-7 years.Thus, the game was a huge success among the children and it was a known recognized game. 16Leaffer, Marshall A.Understanding copyright law. LexisNexis, 2017. 17Karapapa, Stavroula. "Copyright protection of street art and graffiti in Greece: intellectual property and personal property in conflict?." (2018). 18Giddens, Thomas. "Introduction."Graphic Justice. Routledge, 2015. 15-21.
8INTELLECTUAL PROPERTY LAW Protection of ownership of the designs is already given to the first video games that Archie had created. Therefore, it will not be possible for Archie as pertherelevantlegislationofUnitedKingdom.Hence,thenecessary legislation for infringement must be applied in this scenario. If he wishes to use his same creations for promoting the material, he is designing to advertise his new business will be treated as an act of copyright19. Hence, as per the law, it can be stated that an individual cannot use his own established design again even if it is his own creation. This will lead to infringement if the same ideas or designs are used. This is also because the previous game was already registered under the Copyright Law20. Conclusion In the conclusion, it can be stated that the aspects of copyright define the situation where an individual cannot use the same design or idea for the second time. This will result in infringement since it was used again. However, in this case Archie will be committing infringement of copyright if he uses his design and idea that has already been used in the new project or venture. As it has been discussed above, it will not be lawful for Archie to use the same ideas again for the second time. It can be finally concluded that by applying the relevant rules of Copyright law of United Kingdom, Archie will not be successful in using the same ideas and designs.Thus, emphasis can be laid on the concepts of Copyright Law and its theories. References: 19Von Lewinski, Silke.International copyright law and policy. Vol. 1. Oxford: Oxford University Press, 2018. 20Vaver, David.Copyright law. Irwin Law, 2016.
9INTELLECTUAL PROPERTY LAW Cantatore,Francina,andJaneJohnston."Moralrights:Exploringthemyths, meanings and misunderstandings in Australian copyright law."Deakin L. Rev.21 (2016): 71. Cornish,GrahamP.Copyright:interpretingthelawforlibraries,archivesand information services. Facet Publishing, 2015. Cornish,GrahamP.Copyright:interpretingthelawforlibraries,archivesand information services. Facet Publishing, 2015. Drahos, Peter.A philosophy of intellectual property. Routledge, 2016. El-Nasr, Magy Seif, Anders Drachen, and Alessandro Canossa.Game analytics. Springer London Limited, 2016. Fiesler, Casey, Jessica L. Feuston, and Amy S. Bruckman. "Understanding copyright law in online creative communities."Proceedings of the 18th ACM Conference on Computer Supported Cooperative Work & Social Computing. ACM, 2015. Giddens, Thomas. "Introduction."Graphic Justice. Routledge, 2015. 15-21. Gilbarg, David, and Neil S. Trudinger.Elliptic partial differential equations of second order. springer, 2015. Joyce, Craig, et al.Copyright law. Carolina Academic Press, 2016. Joyce, Craig, et al.Copyright law. Carolina Academic Press, 2016. Karapapa,Stavroula."CopyrightprotectionofstreetartandgraffitiinGreece: intellectual property and personal property in conflict?." (2018). Leaffer, Marshall A.Understanding copyright law. LexisNexis, 2017.
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10INTELLECTUAL PROPERTY LAW Patterson, Lyman Ray.The nature of copyright: a law of users' rights. University of Georgia Press, 2017. Prime, Terence.European intellectual property law. Routledge, 2017. Schwabach,Aaron.Fanfictionandcopyright:outsiderworksandintellectual property protection. Routledge, 2016. Sekaran, Uma, and Roger Bougie.Research methods for business: A skill building approach. John Wiley & Sons, 2016. Stokes, Simon.Digital copyright: law and practice. Bloomsbury Publishing, 2014. Suzor, Nicolas, Rachel Choi, and Suzannah Wood. "Reality bites: when copyright law and reality cooking meet, only the lawyers win."The Conversation(2015). Vaver, David.Copyright law. Irwin Law, 2016. Von Lewinski, Silke.International copyright law and policy. Vol. 1. Oxford: Oxford University Press, 2018.