Protecting Your Rights
COPYRIGHT LAW 49
Protecting Your Rights
This means that the patent can be bought, sold, rented or hired just like any other asset. These rights apply to the UK – and also gives the inventor the right to stop others from importing the patented products into the UK.
To qualify for this legal protection, the invention must be new, involve an inventive step( eg digital facsimile), and be capable of industrial application. There are exemptions such as a discovery, scientific theories, computer programs, artistic works or the
presentation of information.
So is it work applying for a patent? Unequivocally the
answer is“ yes”. If you don’ t, then someone else could also patent your invention. An example is the Manson Tablet Catcher designed to make single line railways very safe to work. He wanted everyone to use it, so didn’ t apply. Someone else did – and got the bucks. The first step is to look at The Patent Office web site( www. patent. gov. uk). You will probably need specialist help from patent lawyers or the Chartered Institute of Patent Agents( www. cipa. org. uk. Again, details are on the Patent Office web site.
It is also an implied term in all contracts of employment that patents developed during the course of employment are the property of the employer and all employees are required to keep confidentiality of such rights. This applies to all incomes deriving from those patents. If the employer wishes to allow staff to keep patents and / or income, then it has to be put in writing. An example was the legendary Chief Mechanical Engineer of the London & North Eastern Railway, Sir Nigel Gresley who was allowed to keep all his patents and incomes.
There is nothing stopping employers sharing patent incomes with the inventors or putting it into a pool for all staff if they wish. For example, jet engine inventor Sir Frank Whittle was allowed to split all his patent income
50 / 50 with his employer, the RAF.
Copyright is more difficult as it confers negative rights on the creator. It was developed about 250 years ago specifically to allow“ Men of Letters” to gain incomes from their creations. This usually applies to literary matters such as this article, music, plays, films and even your sales brochures. There is a big legal battle going on between the USA and Europe over creators’ rights. In Europe,
all creators usually keep their rights. In the USA, employers do.
The current law, the Copyright, Design & Patents Act 1988, is more towards the US model – which is bad news if you are the next J. K. Rowling of Harry Potter fame.( I would have to advise you to move to France, where copyright protection is the best in the world.)
The latest Act does give creators’ estates the right to benefit from incomes for 75 years after their deaths. However, it also gives employers rights over their employees’ creations. This might not sound much, but over 50 per cent of many creators’ earnings come from copyright repeat fees.
This can present problems if you have French or German members of staff – or are using freelance or contract staff. Contracts need to be clearly spelt out. It is probably worth following the Swedish model of putting a percentage of copyright earnings into a pot to share
out annually with staff.
So is it worth applying for copyright protection by using the magic“ c” sign? Again,“ yes”.
One of my neighbours wrote a No 1 hit 15 years ago. He got £ 250K in the first year & still picks up about £ 10K a year in repeat fees.
However, the Three Ugly Sisters of Rupert Murdoch, Walt Disney and Microsoft’ s Bill Gates are trying to grab all the copyright they can so that they can exploit your works on emerging technologies like 3G mobile phones and iPods.
When you sell copyright it is usually on a First UK Rights Only basis, which is a single use licence. If anyone asks broadcasting, film, new technology, etc rights, these will always be by new contracts. If the Three Ugly Sisters want all your rights, fine, as long as they are offering three or four times the usual fee.
Big companies also try to get your copyright off you without paying a fair rate. Tricks including saying that merely paying in the cheque assigns all rights( untrue), claiming“ implied licence”( always confirm in writing what you are selling), allowing you to keep all rights but demanding a 999 – year licence), claiming everyone else surrenders their rights( untrue) or universities and colleges trying to claim copyright from coursework done by you or your staff( also untrue – you own that).
ISSUE TWO 2006 engage