1 00:00:06,080 --> 00:00:12,410 This is the shopping list we're going to go through. We're going to it's going to get increasingly, perhaps more technical. 2 00:00:13,370 --> 00:00:22,760 The next stop will be copyright. Now, copyright is not something that's going to be important to everybody. 3 00:00:24,790 --> 00:00:35,740 But it's important to certain types of business. If you're in the publishing business, it's obviously absolutely essential if you're producing books. 4 00:00:36,100 --> 00:00:40,990 But. It can also be important to people who design computer software. 5 00:00:41,440 --> 00:00:53,920 The case very recently, whether somebody copied the source code within a company and gave it to a competitor that was a copyright infringement. 6 00:00:54,430 --> 00:01:03,700 And computer programs, at least in source code since, are intended to be read by human beings or protected as literary works. 7 00:01:04,090 --> 00:01:07,540 So if you're in the software industry, copyright is quite important to you. 8 00:01:08,230 --> 00:01:18,210 It's also important to a lot of other businesses like drama, etc. plays, films, broadcasts, music, the music business. 9 00:01:18,220 --> 00:01:21,490 Copyright is absolutely essential for the music business. 10 00:01:21,520 --> 00:01:26,710 We know the trouble that's going on, the moment that downloading, etc. more practical problem, the legal problem. 11 00:01:27,190 --> 00:01:35,620 But the music business wouldn't have a business unless they were able protect the music and sound recordings by copyright. 12 00:01:39,430 --> 00:01:43,220 Thing to notice about copyright is it doesn't give you a monopoly. 13 00:01:43,240 --> 00:01:48,280 It doesn't stop people selling the same thing, making or selling the same thing. 14 00:01:49,150 --> 00:01:56,350 If you're clever enough to write some music which is identical to a very successful piece of music, 15 00:01:56,350 --> 00:02:00,220 and you do it quite independently, that's not a copyright infringement. 16 00:02:00,970 --> 00:02:07,150 It'd be very unlikely that that has happened, but in theory it's correct. 17 00:02:07,720 --> 00:02:19,040 So copyright protects copying. It also only protects original works, which means that it's the result of your individual effort. 18 00:02:19,070 --> 00:02:21,200 You haven't copied it from somebody else. 19 00:02:22,430 --> 00:02:30,950 The plus side of copyright as it lasts a very long time indeed, I think can last up to 70 years from the date the author dies. 20 00:02:31,310 --> 00:02:36,410 And in some cases, you know, I mean, think about Harry Potter. 21 00:02:37,040 --> 00:02:40,430 Harry Potter is probably going to be in copyright until the next century. 22 00:02:43,400 --> 00:02:49,520 Now what copyright doesn't protect? Know, ideas. 23 00:02:50,710 --> 00:03:02,000 Now, to give you one example, Sherlock Holmes. If you had an idea about writing, about stories, about a detective who had a particular appearance, 24 00:03:02,000 --> 00:03:06,320 well, certain clothes, a hat, a pipe, etc., etc., just an idea. 25 00:03:07,070 --> 00:03:11,180 But the actual text of those stories would be protected by copyright. 26 00:03:13,550 --> 00:03:16,730 That copyright has expired in the UK. 27 00:03:18,320 --> 00:03:25,310 But so at the moment, you anybody can copy Sherlock Holmes stories and sell them if they want to. 28 00:03:26,520 --> 00:03:32,160 One word of warning is that what happens in the UK may not be typical of everywhere because some of the works 29 00:03:32,400 --> 00:03:38,400 and the are still protected in the United States because they have a longer period of copyright protection. 30 00:03:39,680 --> 00:03:44,210 What doesn't? Well, copyright isn't terribly good at protecting designs. 31 00:03:44,450 --> 00:03:49,090 It will protect drawings, artistic works. 32 00:03:50,260 --> 00:03:55,030 An artistic works. This purpose could be an engineering drawing. It could be the design of a machine. 33 00:03:55,900 --> 00:04:02,740 But it only protects the drawing from in the sense that you can't make another drawing from it. 34 00:04:03,070 --> 00:04:07,900 It will not stop people using that drawing to make three dimensional articles. 35 00:04:08,710 --> 00:04:19,660 So if you've got a business which makes mechanical devices and you have engineering drawings which you need for the manufacture of those products, 36 00:04:21,220 --> 00:04:26,380 you're not going to be able to stop somebody making those products by copying yours. 37 00:04:27,220 --> 00:04:32,520 That's not an infringement of copyright. You can stop them copying your drawings. 38 00:04:32,700 --> 00:04:36,810 If they manage to get hold of the drawings and copy those, you will be able to stop that. 39 00:04:37,380 --> 00:04:44,160 But basically, copyright is not terribly good protecting designs for products. 40 00:04:44,280 --> 00:04:48,060 It's not terribly useful. What is more useful? 41 00:04:49,080 --> 00:04:54,620 It's the system of design rights. And this is so become so complicated. 42 00:04:54,630 --> 00:05:02,610 I don't think we really can go into it very deeply today and just indicate generally sort of protections available. 43 00:05:02,970 --> 00:05:11,130 You can have registered rights, which means you have to apply to the patent office to register a design of a product, whatever. 44 00:05:11,190 --> 00:05:14,370 And here is some of the requirements. It's got to be novel. 45 00:05:15,360 --> 00:05:23,040 It hasn't hasn't been done before. And it will give you a monopoly rights which will be able to stop anybody producing a similar product. 46 00:05:23,880 --> 00:05:31,200 But this doesn't apply to to products where they have a where the design is functional, 47 00:05:32,040 --> 00:05:36,420 where the features of the design perform some practical purpose. 48 00:05:37,110 --> 00:05:48,450 But if you've got some design freedom and can in some way maybe have the same function but express it in a different way, it might. 49 00:05:50,420 --> 00:05:57,170 Protect that sort of expression. And one could imagine a simple article like a a a water jug. 50 00:05:57,710 --> 00:06:04,490 It has a functional purpose, but there are lots of different ways of designing that to make it attractive. 51 00:06:05,240 --> 00:06:09,380 And those different ways might well be register as a design. 52 00:06:09,830 --> 00:06:15,170 But you can't design. You can't register a functional aspect of a water jug. 53 00:06:18,230 --> 00:06:25,670 Functional articles do have some very limited protection under unregistered design rights. 54 00:06:27,080 --> 00:06:36,470 These lasts for a shorter period of time, basically up to 15 years or ten years if you started to market it at an earlier stage. 55 00:06:37,100 --> 00:06:44,510 They're not going to be terribly useful in your business, but they might just give you a little bit of protection to start with. 56 00:06:48,290 --> 00:06:52,640 Perhaps I can just give you an example of a real problem. 57 00:06:54,290 --> 00:06:59,130 Now the. These are vacuum cleaners. 58 00:06:59,940 --> 00:07:06,210 The vacuum cleaner on the right is called Henry and is very popular. 59 00:07:09,120 --> 00:07:14,550 Cleaners who working at night in offices find Henry very consoling. 60 00:07:15,180 --> 00:07:21,420 It's looked upon as a little person, and it's a very, very popular type of vacuum cleaner. 61 00:07:22,800 --> 00:07:27,710 Now. More recently, Henry had competition. 62 00:07:28,100 --> 00:07:38,300 There was a newcomer, and we see it on the left. Now it doesn't have the Henry has the name of his manufacturer on the top pneumatic. 63 00:07:39,510 --> 00:07:44,860 The competition has no name. And it doesn't have Henry's face. 64 00:07:47,180 --> 00:07:53,570 Well, what can you do about that? Well, you might say, well, what about design protection? 65 00:07:54,020 --> 00:08:04,760 The no doubt features of Henri, which aren't dictated by the function, unfortunately, or design protection that Henry had expired. 66 00:08:05,960 --> 00:08:17,530 Nothing can be done. However, there was evidence the people who went into shops to buy Henrys were sometimes rather careless. 67 00:08:18,960 --> 00:08:21,960 And they could easily come out with a product on the left. 68 00:08:24,010 --> 00:08:28,900 So the law of passing off, which we looked at earlier, making misrepresentations, 69 00:08:29,950 --> 00:08:36,580 enabled Henry Henry's manufacturers to stop the sale of the vacuum cleaner on the left. 70 00:08:38,890 --> 00:08:42,070 So you have to be a bit imaginative sometimes. 71 00:08:43,660 --> 00:08:49,840 You probably got to go through tick the boxes. Copyright design rights patents will come to attend the end. 72 00:08:50,140 --> 00:08:55,940 It may be something as simple as as a saying, well, people are being deceived. 73 00:08:55,960 --> 00:09:03,250 This is very like the Jeff Lemmon case. So the people on the left have gone away to make a new product. 74 00:09:04,600 --> 00:09:10,410 So. But you don't really want to be relying on that if you could help it.