Intellectual Property AND INNOVATION:
IP AWARENESS AND CREATORS
cOMMUNICATION FROM AUSTRALIA; cANADA; tHE EUROPEAN
uNION; HONG KONG, CHINA; JAPAN; the REPUBLIC OF KOREA; SINGAPORE;
SWITZERLAND; The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;
THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA
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1 Introduction
1. Intellectual property (IP) is important for artists and other
creators to protect their unique and valuable contributions to society through
their work, film, music, or other creations. However, creators often face many
of the same challenges as small businesses when it comes to protecting their
IP: lack of awareness, resources, legal knowledge, or experience protecting
their IP and harnessing its benefits. The lack of legal knowledge about how to
enforce IP internationally, and in particular copyright, is also challenging
for many creators.
2. This discussion paper highlights some of the IP considerations that
may arise for creators, including social media content creators; potential
difficulties creators may face in protecting their IP rights; and how WTO
Members can raise awareness about IP in the creative fields through various
fora.
2 IP considerations in creative works
3. Copyright and neighboring rights are often the most relevant form of
IP that a creator of a literary, dramatic, musical, or artistic work will need
to consider. For instance, for musicians and songwriters, copyright and
neighboring rights can cover the sound recording, performance, as well as
musical compositions, which may include music and lyrics.[1]
Copyright protection for musical compositions and sound recording can help
provide musicians and producers with protection and legal recourse regarding
the unauthorized use of their music in social media, online videos,
commercials, television shows, and movies.[2]
4. Copyright protects artistic, scientific, and literary works. This
can include paintings, drawings, photographs, sculptures, novels, software,
databases, and other creative works. Copyright protection exists from the
moment an original work is fixed in a tangible medium, such as painting the
picture, writing the novel, or making the sculpture.[3],[4]
While registration of the copyright is not mandatory, some countries
offer registration as a means to provide evidence that the copyright subsists
in the work and that the person registered is the owner of the copyright, as
well as to provide additional options for the enforcement of these rights.[5]
5. Trademarks can also be important for creators as indicators of the
source of their creations. In the music industry, trademarks can be used to
protect band names and logos in order to help fans and consumers identify the
source of the music.[6]
For a visual artist or author, their name is often also their business name,
and most jurisdictions require certain conditions to be met in order to
register a name as a trademark.[7]
3 Challenges to protecting IP for creative works
6. One challenge faced by creators operating in the global marketplace
is that IP protection is territorial in nature, meaning that it is enacted and
enforced through national laws. For example, countries may differ in what is
eligible to be protected by copyright, the length of protection, the scope of
protection, and the amount of penalties if a work is copied illegally.[8]
However, many copyright issues in the digital age are international in nature
because most content posted online can be viewed, accessed, or listened to
outside of a creator's own country. Therefore, understanding how copyright law
works across borders is essential when publishing or using content online.[9]
7. The rise of digital media has led to additional challenges because
the digital environment allows for people to more easily infringe others' IP.
In terms of copyright, it has become easier to copy and share copyrighted works
without permission. In terms of trademarks, it is also now easier for
individuals and companies to create fake accounts or websites that impersonate
established brands that can lead to consumer confusion and damage the
reputation of the original brand.[10]
Content creators for social media must also be mindful of the rules regarding
the unauthorized use of music, videos, and brands featured in their content.
8. Furthermore, the rapid developments with and use of artificial
intelligence (AI) raise a number of challenges for creators in terms of their
ability to protect their works, including against the background of evolving
legal and regulatory regimes.
9. In addition, creators working collaboratively and unaware of the IP
implications related to joint authorship and ownership may not take the time to
properly document their creation or who owns the work. This can lead to
problems in proving ownership later on. Thus, IP awareness for both solo and
collaborative artists and creators becomes very important.
4 IP awareness initiatives for creators
10. Many resources and programs exist for creators to help them
understand the IP considerations informing their works. This can range from
informal websites and blogs dedicated towards creators, formal programs and
resources by national IP offices and the World Intellectual Property
Organization (WIPO), and advice provided by law firms and IP associations
focused on the creative industries.
11. One such resource is WIPO for Creators, an open public–private
partnership launched by WIPO and the Music Rights Awareness Foundation that
seeks to raise awareness about creators' rights and related management
practices. Their primary goal is for "creators to be fairly acknowledged
and compensated for their work, regardless of their geographical, cultural, or
economic conditions."[11] This partnership brings together various
stakeholders to cooperate on projects and educational programs.
12. Further, some national IP offices provide information or programming
featuring IP considerations for creators. In addition, IP information and
awareness targeting small businesses may be a source of helpful information for
creators whose aim is to commercialize their work.
5 Guiding Questions
a._
How do WTO
Members provide IP awareness resources for artists, musicians, authors, or
other creators?
b._
What are Members'
most active creative industries in terms of job creation and income, and how
have they contributed to the economy?
c._
Where do Members
see a need for more IP awareness and resources for creators?
d._
How can Members
help raise awareness of IP for the creative industries?
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