Copyright - part 5

30530a Progress Challenge 5:

Copyright policy within a company

By Colleen Sedgwick

Imagine that you are the person in charge of monitoring materials used within the company, created within the company and how they are licensed out to others. Answer the following questions to demonstrate how you would manage internal processes in that regard:

1: Why should we have policies and what do they cover?

2: What’s the difference between licensing the copyright material to someone and assigning/selling the rights to a third party?

3: How would you ensure that you are following company policy, and make sure that procedure is consistent?

Complete the above challenge and then click LINK 14 to upload.

Answer

The answer to question 1 is on pages 19 and 20, of my e-book¹, stating that the kinds of work (or 'creative output') that attract copyright are artistic, literary, musical and dramatic. This is to ensure that the organisations that are dealing with such output aren't profiting unfairly at the expense of the original creators of this output, and that such creators are correctly attributed.

The answer to question 3 is on page 20², with the manual stating that if you are working in the creative field, you should review what you do to ensure you don't reproduce anyone else's work (or even part of it). If undertaking project work, always keep a record of what you do, and include dates and times of their creation. That way, if the ownership of your work is called into question, you have written records of what you did. Always assign copyright to the rightful owner.

On pages 20 and 21³, it says that most organisations using or dealing with creative output are likely to have have policies governing the creation of, or handling internally, this output, and handling works created by third parties.

When you are employed with these bodies, or enter into contracts with them, you will learn about these poliices.

Typical places that will have such policies are:

• marketers and advertisers

• retailers who advertise

• educational institutions and bodies

• government departments

• businesses involved in the creative industries.

Often, these employers, who have these internal policies and procedures will have manuals of their own for employees to read. If I were in charge of monitoring copyrighted materials, I would be giving my staff copies of these manuals (should the organization have one). This would also be the case if I were teaching at school or college (where they also have policies on plagiarism – universities are especially strict with this). Or if I was in charge of compiling materials as well. All these things apply.

The first part of the answer to question 2: an organisation may have guidelines governing third party works to ensure these rights are not infringed upon either. All new employees need to know these guidelines so they don't infringe upon any work created by any third parties. If the person working for the company is a contracter, they will need it in writing (usually as a contract) that if everything done for that company is the property of that company, regardless of where or when they do the work. Otherwise, any work they create (not with the property of the company) means they own the copyright to that work⁴.

The 2^nd part of the answer to this question⁵:

Licensing is all about an owner of certain property (in this case, primarily copyright and possibly trademarks) granting rights to a third party to use that work for certain purposes.

A very relevant example is where a project calls for a very specific image or set of images, which are identified. In order to use them (i.e. because those images are owned by someone else) you need a licence.

There are several key elements to a licence:

1. Clearly identify the items or property which are covered by the licence
2. Ensure that a term (i.e. a period during which the right will operate) is agreed and stated — a licence is a limited right granted by the owner of the property. It must therefore have a term or duration for the operation of that limited right.
3. What is the price to be paid for the grant of the right and when is it payable. Licence need not be just for a fee — they can be for a percentage of the revenue earned from using the property, or a combination of fee and percentage.
4. What limitations will apply to the use — can it only be used for certain specified purposes? Can it only be used in certain places, or with materials displayed in certain places?
5. Make sure that if anything is created using the licensed property that you own all rights in the new creation and that you have a perpetual licence to use the licensed property as part of it.
6. Always remember — NEVER rely on verbal arrangements. As a professional, it is essential that whatever you do is pursuant to a written agreement.

The 3^rd part of the answer to the question⁶:

Licence agreements must include clear information about the parties’ rights and obligations regarding copyright. Reporting of how the using party uses copyright material is important. For example, a corporation may have a licence with an educational publisher to use their learner guides as part of their training program. They have to compile a report every three (3) months to send to the publisher that records how many employees have used the licensed material. They pay a fee per number of users. Graphic designers will want to consider writing contracts on how they protect their copyright and gather fees when clients and other parties have sought permission or have agreements about using the copyright materials.

1Open Colleges (2013): 2.1 Materials that attract Copyright, in CUV 50311: Open Colleges Stock Code 30530a, pages 19-20

2Ibid, 2.2 Project Work, page 20

3Ibid, 2.3 Workplace Policies and Procedures, pages 20-21

4Ibid, Creative Works, page 21

5Ibid, 2.6 Licensing Issues, page 22

6Ibid, 3.2 Copyright Agreements, page 25