IP myth busters (Brands & IP Newsnotes - issue 4)
08 February 2017
Myth and legend is not just the stuff of Lord of the Rings. There are plenty of ommon misconceptions in intellectual property which are often further exacerbated by statements on the internet and the popularity of TV shows where legal ‘advice’ or commentary may be given. Here are a few of the most common ones we hear and the truth behind them.
Myth: If I use only 20 seconds of music or 8 bars of a song then I don’t need permission from the copyright owner
Busted: The test for copyright infringement is whether or not a substantial part of the original work has been copied. This test is more qualitative than quantative but both are relevant to the assessment. The reality is that if only a small part is copied, if that part is significant (eg. the hook of a song), then it may still be an infringement of copyright.
Myth: If I make 5 changes to my design then I won’t infringe design rights
Busted: There is no magic number of changes required to avoid infringement. A registered design right has been infringed if the new design creates the same overall impression as the registered design. The more unique the original design and the greater the design freedom for the subject of the design, the greater the changes required to create a different overall impression.
Myth: It’s on social media/the internet so I can use it
Busted: Materials protected by intellectual property rights are still protected, even if they are on social media or other internet sites. You will generally need the rights holder’s consent for the specific use you would like to make of the work.
Myth: TM means registered trade mark
Busted: You have probably seen the TM sign on various products and in advertising. TM does not mean registered trade mark, though it may mean that someone is indicating that they are using that mark as an unregistered trade mark. In the UK, the correct symbol for a registered trade mark is the “R” sign. It is a criminal offence to use the “R” sign with a mark that is not a registered trade mark.
This article was first published in the Brands & IP newsnotes publication - issue 4
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