Intellectual Property Rights in UK - Literature review Example

UK Film Industry and IPRs Student’s Name Course Professor Date Intellectual Property Rights in UK Introduction According to WIPO, Intellectual property (IP) covers any mental creations including inventions, artistic and literary works, images, symbols and names that are use for profit or in commerce. Most jurisdictions have developed law that protects IP including patents, trademarks and copyright. Though there is a striking difference between jurisdictions on how IP law is enacted, implemented and monitored, the existing forms of regulations allow individuals and companies to protect their interests, earn recognition and financial benefits from their inventions. This essay looks at IP law in UK, one of the developed countries to understand how its system has developed to foster the right environment for flourishing creativity and innovation. It will address the core facets of realization of a comprehensive IP law that cover wide-range of IPRs in a century where innovation is at its highest level but specifically the film industry. In turn, UK’s film industry generated £1.233bn equivalent to $2.03bn in 2014 and such development can serve as a good example to most jurisdictions as its IP law has gradually evolved from 1624 with the formation of Statute of Monopolies (Weatherly, 2015). History of IP laws in the Film Industry According to Kim, Lee, Park & Choo (2012), UK’s copyright laws have evolved from 18th century to enable creators to distribute, protect and license various works. The century show the rise and demand of cinema, broadcast television and VHS cassettes were main way for the public to watch and listen to audiovisual works. Owen (2014) argues that it was until 19th century that the purpose of intellectual property was given more protection. Before, the protection was granted when necessary and in limited scope and time. The patent law Amendment Act of 1852 led to the establishment of the Patent Office. However, even by mid-nineteenth century application of patent was extremely complicated. As per the act requirements, a single office in the whole UK was mandated with the role of scrutiny and award of patents. The people who were applying patent would submit some detailed information. The situation was more complicated when it came to petitioning in case there was IP infringement. The petitioner would apply and pay different fees in several offices which were still the case even for those with separate patents (Kim, Lee, Park & Choo (2012). The Patent Office recently acquired the responsibility of copyright regulation and was then renamed as Intellectual Property office. In 1988, the first moving pictures were developed in UK and the early 20th century shows a rise in films depicting everyday events. Narrative shorts, comedies and melodramas comprised of main audiovisuals contents in the market. However, British films faced a stiff competition from U.S as the number of British films shows fell from 25% to 5% from 1914 to 1926 (Kersten & Bielby, 2012). The difference was seen due to lack of filming companies that would collaborate and push the government to develop a better environment for film development and marketing. British film industry has faced challenges as recent as 1980s when production fell below that of 1914. However, tax incentives promoted the regeneration of the industry throughout 1990s. From early 2000s, UK concentrated more on having an environment that regulate and enforce IP laws and that has resulted to a growth in the industry and revenue generation as shows in the Table 1.0 below. Table 1.0: The Growth of Film Industry and Revenues in UK. Retrieved from Anderson (2015) British Video Association (BVA)’s role in IP System Development The past decade has seen the rise of IP laws in UK creating a holistic approach to the protection of IP and confronting the rising cases of piracy. The collaborative role of the film industry and the government has seen UK as the positive creative environment. UK copyright law is remitted under UK Intellectual Property Office. Additionally, British Video Association (BVA) ensures extensive dealings and collaboration with government agency for the development of copyright policy. The entry and assertions of the BVA led to establishment of the 2004 four-prolonged strategy ensuring accurate defense and promotion of copyright in various areas. The four prolonged approach as highlighted below has been fundamental to effective IP promotion in the film industry (BVA, 2013). The BVA allies with various members in the organization to come up and share best practice and activities to enhance copyright protection measures. In turn, the role of its members has led to certification of suppliers so as to make it easy to verify the security systems of any suppliers across the country. The members also come together to promote legal services which makes it easy to hold liable any person or party that infringe on IP laws. Secondly, BVA has worked closely with major authorities that promote IP across jurisdictions including UK IPO, BIS, Home Office and DCMS (Mansell & Steinmueller, 2013). In turn, BVA ensure that the government is fully aware of the connection between IP theft and multimillion pound losses incurred in the film industry. In turn, they work closely to control such IP theft to physical and online platforms. Further, BVA has founded Alliance for IP and led it for 14 years allying with all industry with IP-independent members. The role of such a comprehensive organization is very fundamental in influencing policy makers for the support and valuing IP sectors and contribution to the economy and jobs industry. Thirdly, BVA is a member in the board of Federation against Copyright Theft founded in 1993. The role played by the organization has impacted the industry in a major way due to removal of unauthorized links and other websites that host members’ content (BVA, 2013). Additionally, it carries legal actions for any operator with illegal sites. It has also prevented any illicit recording of UK cinemas as well as establishing PIPCU that share intelligence with London Police. The 2004 setting up of Industry Trust for IP Awareness by BVA as a body to promote awareness for IP including video, film, TV, entertainment and online disc and videos value. The body has promoted the protection of IP through subscriptions and pay services to ensure that audiovisual sector are inspired to make more content and make profits. The major objective of the organization is to “stimulate change in behavior to avoid free-ride by use of illegal sources to develop fake video and file sharing” (BVA, 2013). To cater for the online consumers, they develop sites such as FindAnyFilm.com where they can access official services. This is a critical role shown by film producers where they follow the government and collaborate with other parties to ensure improved outcomes of laws. BVA participation in governance has led to identification of loopholes; promote collaboration and wide-range prevention strategies and incident analysis. Ultimately, they effectively promote high legislative standards and communicate with the law enforcement units for regular monitoring. UK good governance has made it possible to include distinct and separate parties in promoting industrial growth. In turn, the film industry has played an instrumental role in managing and improving access to various assets and content. The collaborative role has promoted lobbying for legislative reforms, IP Crime enforcement and better copyright by public agencies. Its role has then extended industry enforcement online which has gone far to include the UK cinemas. The partnership and collaboration has created public awareness and led to increased appreciation of the value of copyright works. UK Copyright Law Impacting the Film Industry The fact sheet was issue in 2000 and has been updated regularly with the last amendment in April 2015. There are various works that are protected under the law. Film industry access protection of films, video footage, cable programmes and broadcasts. The Copyright Regulations 1992 has also extended the rules to cover literary works and include computer programs. These rights arise immediately after a company or an individual creates a work. Sec 4 of UK Copyright Law clarifies that any creation qualifies if it is original, and exhibit labor, skill and judgment. According to Schlesinger & Waelde (2012), interpretation of work has to show independent creation and not the idea behind the creation. Under the 1988 Copyright, Designs and Patents Act, individual and collective that author a work exclusively own it and are identified as ‘first owner of copyright’. The film industry IPR is established under sec 3 (vii) of Fact sheet P-01: UK Copyright Law. It limits any claims from an employment relationship in the industry cannot claim ownership and as sec 5 highlights, the first owner will rather remain to be the company the individual was working for when the film was made. Freelance and other commissioned work is always the work of the company unless an individual show an agreement to such contrary under sec 5. Section 6 (iii) of the 1988 Copyright, Designs and Patents Act specifically guides on the duration of copyright where for films, it has to wait until 70 years after the death of the last author or composer. Section 7 of the law restrict a number of acts which are termed as offenses if they are carried out without the owner’s consent including copying, renting, lending or issuance of copies of work in public domain, performance, broadcasting or showing the work or adapting the work. It also gives more space for authors who may raise the bar of restriction higher based on certain moral rights. Film makers may claim the right to be identified as the author and object any derogatory treatment. IPRs’ Role in Film Sector Weatherly (2015) claims that education, implementation of laws and follow up are three key steps towards combating piracy and so is the role of IPRs. Education is the first and important aspect promoted by IPR. Weatherly argues that the creative community has forged ahead for long to engage directly and reach the users who inadvertently and intentionally engage in copyright infringement. The role can be seen gaining momentum in UK via UK Intellectual Property Office. Its task force coordinate various efforts from various creative industries. Film Industry Trust is one of the foremost organizations that have ensured a consistent engagement with the people who happen to infringe. My ‘Film The House’ IP is some of such initiatives supported by the Trust as an awareness competition in Parliament. Creative Content UK has partnered to boost awareness among consumers for an array of legitimate online content and services by ensuring end-user infringers receive direct mails. Aguiar, Claussen & Peukert (2015) argues that UK has broken a new ground with the entry of Police Intellectual Property Crime Unit. PIPCU has geared forward the IP Protection role as the police unit is dedicated to such crimes. They control illegal activities and advertising revenues to remove the promotion of such illegal sale of contents. In turn, PIPCU has risen as a leading anti-piracy unit and has received support from the prime minister for funding until 2017. The film and music industry also offer direct involvement and support. If all countries adopt such an initiative, it is possible to get results. IPRs have promoted intensive site blocking as UK works hard through the legal system with court issuance of injunctions when the rights holders initiate them. Film studies have raised such injunctions and it has been an effective tool. Recent study showed that, there was a 25% reduction in piracy traffic with the closure of 19 illegal sites from October-November 2013 and almost a similar increase on legitimate sites (Weatherly, 2015). Almost 100 pirate sites have been closed to block access that infringes copyright for their commercial gain. Search engines, film industry and various parties have led bi-monthly discussions with UK’s IP minister to de-rant illegal search tools. Following the 2015 manifesto commitments, the film industry has also supported for search engines to remove some sites from their listings if the sites are subjected to court blocking and injunctions. Collaborative work has focused on that area which will promote legislations after some meetings (Weatherly, 2015). Drawing funds for development According to Goodridge, Haskel, Wallis (2014, though the estimates given may not fully line with the total IPR-protected investment in UK, they reveal measures of long-lived spending in creation of knowledge assets. The investment contributes to production output for over a year and is invested according to laid down formal IP mechanisms. In 2011, it is estimated that UK investment in intangible assets totaled £126.8bn in comparison to £88bn invested in tangible assets. Intangible investment has recovered since the economic recessions and has grown higher compared to investments in tangible from 2010. It is estimated that almost 50% of market sector in knowledge show formal protection by IPRs in UK. 10% of the total investment in IPRs was directed to patents, 47% to assets protected by copyright, 22% to trademarks’ assets, 18% to unregistered design rights and 3% to design registration (Goodridge, Haskel, Wallis, 2014, p.4). Challenges Compared to other countries, UK has overcome various loopholes and challenges that relate to IPR infringement. As elaborated by the measures above, partnership between the creative industry and the government, better policies and enforcement system are growing examples of how film industry in UK has been able to combat physical and online illegal activity and rising piracy. Conclusion Protection of Intellectual Property in film industry is a necessary responsibility if the industry has to thrive. Though there is an array of challenges, the film industry plays a critical role in setting the level of regulation that they require and is appropriate for its growth. UK film industry and other partners in creative sector have shown important activities that can be emulated in emerging economies and developing countries. Such activities like promoting public awareness, education, enforcing search engines privacy, continuous campaigns, legislation and polices and offering Internet Services and sales are some of the effective aspects. References Aguiar, L., Claussen, J., & Peukert, C. (2015). Online Copyright Enforcement, Consumer Behavior, and Market Structure. Consumer Behavior, and Market Structure (March 30, 2015). Anderson, E. (2015). Why the British film industry is the real winner at this year's Baftas. The Telegraph. 07 Feb. Accessed 11 September 2015 from http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/media/11396809/. BVA (2013). Copyright and Intellectual Property. Accessed 11 September 2015 from http://www.bva.org.uk/copyright-and-ip/. Fact sheet P-01: UK Copyright Law. Accessed 10 September 2015 from https://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law Goodridge, P. Haskel, J. Wallis, G. (2014). Estimating UK investment in intangible assets and Intellectual Property Rights. Intellectual Property Office. Pp 1.42. Kersten, A., & Bielby, D. D. (2012). Film discourse on the praised and acclaimed: Reviewing criteria in the United States and United Kingdom. Popular Communication, 10(3), 183-200. Kim, Y. K., Lee, K., Park, W. G., & Choo, K. (2012). Appropriate intellectual property protection and economic growth in countries at different levels of development. Research policy, 41(2), 358-375. Mansell, R., & Steinmueller, W. E. (2013). Copyright infringement online: The case of the Digital Economy Act judicial review in the United Kingdom. New Media & Society, 15(8), 1312-1328. Owen, L. (2014). Selling rights. Routledge. Schlesinger, P., & Waelde, C. (2012). Copyright and cultural work: an exploration. Innovation: the European journal of social science research, 25(1), 11-28. Weatherly, M. (2015). Piracy in the UK: how the film industry and government are working together. Screen Daily. 2 July. http://www.screendaily.com/home/blogs/piracy-in-the-uk-how-the-film-industry-and-government-are-working-together/5090058.article. World Intellectual Property Organization (WIPO). http://www.wipo.int/about-ip/en/. Read More