Copyright and Design

Question 1

What are the 5 different types of intellectual property?

Answer 1

1. Trademarks - brands, protecting reputation vested in names and logos.
2. Patents- inventions, protecting the function and processes.
3. Design right - protects the shape and configuration.
4. Registered design - protects appearance and unique look of parts or whole.
5. Copyright - protects original creative and artistic works.

Question 2

What is meant by fair use and fair dealing?

Answer 2

• Legal term established as guidance for whether a use of copyright material is lawful or infringes copyright.
• Is it fair minded?

Question 3

What are the 2 ways to check whether something is consistent with fair use and fair dealing?

Answer 3

1. Does it effect the original work’s revenue/market?

2. Is the amount taken reasonable or necessary.

Question 4

What are the exceptions in terms of fair use and fair dealing?

Answer 4

1. Non-commercial research/private study.
2. Review reporting current events.
3. Illustrations for instructions.
4. Quotation, parody, caricature or pastiche.

Question 5

What protection is automatic?

Answer 5

1. Copyright - mark with a C.

2. Design right.

Question 6

What protection must you apply for?

Answer 6

1. Trademarks.
2. Registered designs.
3. Patents.

Question 7

Who has ownership of copyright?

Answer 7

1. You if you created the work.
2. Your employer - if you are employed.
3. Contractor - unless your contract states otherwise.

Question 8

What is the creative commons?

Answer 8

A non-profit organisation devoted to expanding the range of creative work available for others to build upon legally and share.

Question 9

What does the Creative Common allow people to do?

Answer 9

Allows showcasing of work on the internet and opens up communication and collaboration between creatives.

Question 10

What are the different rights you can apply for through the Creative Commons?

Answer 10

1. Attribution - distribute, remix, tweak and build upon your work as long as they credit you for the original creation.
2. Attribution-ShareAlike - the same as attribution but must licence their creations under identical terms.
3. Attribution -NoDerivs - Allows for redistribution, commercial and non-commercial as long as it is passed along unchanged and whole with credit to you.
4. Attribution-NonCommercial - the same as share lake but must be non-commercially.
5. Attribution - NonComercial-ShareAlike - allowed to build upon but must credit you and licence identically but non-commercially.
6. Attribution-NonCommercial-NoDerivs - most restrictive, can download your work and share them as long as they credit you but can’t use them commercially or change them.

Question 11

What are the pros of copyright?

Answer 11

• Created automatically.
• Long lasting.
• Enables people to make a living.

Question 12

What are the cons of copyright?

Answer 12

• Difficult to enforce.
• Restricts creativity.
• Not flexible.