How simple legal tidbits can empower you-the artist (Manojna Yeluri)

Laws can help protect and empower artists - unfortunately not to many people understand this owing to complicated language and other inaccessibility issues surrounding specialized legal knowledge. What if there was a place artists in India could look to, to better understand their legal queries and rights? This is Artistik License

Transcript

1. Manojna Yeluri, UXINDIA13 Conference Presentation
2. Manojna Yeluri Artistik License: A legal education initiative for artists
3. Illustrators, designers and programmers …are working on a body of work that has the potential to change the way we live Entrepreneurs, young and old …are investing time, money and effort in implementing ideas that will transform the way we interact with technologies UX-India 2013: Lean+Strategy
4. UX-India 2013: Lean+Strategy • Increase access to information • Improve healthcare access • Innovate technologies • Encourage investments • Aid in financial planning • Reduce unemployment rates • Solve world hunger • Remedy fossil fuel scarcity • Eliminate war and conflict • Improve technology interface Ideas that come from designers and entrepreneurs like you
5. All your designs and essays and research, all this is your Intellectual Property Intellectual Property is basically intangible property – plans, strategies, designs, proposals, algorithms and of course User Experience+Design UX-India 2013: Lean+Strategy
6.  According to Ron Conway, “Design and user experience is the new IP. Entrepreneurs who own their user’s mind succeed.” UX-India 2013: Lean+Strategy
7. Intellectual property has to explore:  Ownership versus authorship  Bundles of exclusive rights  Selling/temporarily lending (license)  Protecting your IP  Responsibly using another’s SO we understand that there is some kind of IP protection-regulation system UX-India 2013: Lean+Strategy
8. Most of us are unaware of how to:  Protect our creations from undue interference or distortion  Ensure that we get credit for the work we have put in  Prevent others from stealing or copying our work  Maintain and really make the most of all revenue streams associated with our work UX-India 2013: Lean+Strategy
9. Because sifting through legal jargon can be hard as:  There are different kinds of laws and IPRs  There are a lack of specialized yet accessible resources  Fixing a universal principle is almost impossible  Most people wait for “when the s**t hits the fan” UX-India 2013: Lean+Strategy
10. Different kinds of intellectual property require different systems of protection and regulation  Copyright  Trademark  Patents and Design Right But where do you fit in? UX-India 2013: Lean+Strategy
11.  Contrary to popular belief you don’t need formal registration to claim a copyright  A copyright is a property right  Gives you exclusive rights to C.R.A.T  It is inherent – the work just has to be original and fixed in a medium for a substantial duration of time  Registration is a 2nd layer to the armour – Form XIV UX-India 2013: Lean+Strategy
12.  In the context of Copyright, originality need only satisfy a minimum threshold of creativity  Skill and judgment test in India  In the context of Trademark, originality implies novelty, especially in the context of association  In the context of Patents and Designs, originality again implies novelty and a strong sense of the unique UX-India 2013: Lean+Strategy
13.  Logos, slogans, phrases and certain aspects of design fall under a different kind of IPR  A trademark is a unique identifier  So a good logo has to be distinct  Registered versus Unregistered marks  Secondary meaning  Problems of dilution and passing off UX-India 2013: Lean+Strategy
14.  Patents are meant to protect the functionality of an invention  The design patent is a hybrid that explores functionality with a touch of ornamentation  Even simple devices can be patentable, so don’t be shy  Invest in a proper prior-search UX-India 2013: Lean+Strategy
15.  Ideas are not protected by law, only the expression of an idea is  Sometimes there are only so many ways of expressing an idea – Merger Doctrine  When pitching a new idea, keep an NDA or a Non- Disclosure Agreement ready  Document the creative process through various media UX-India 2013: Lean+Strategy
16.  When you work for hire, you implicitly agree that the rights in the work belong to your employer  Any other situation of being commissioned you have to negotiate to clarify who gets to keep the rights  You can sell your rights OR you can license your work  First © owner, you ALWAYS own moral rights UX-India 2013: Lean+Strategy
17.  There are different kinds of CC licenses  Each license carries conditions of sharing and use UX-India 2013: Lean+Strategy
18.  Copying does not require proving identical reproduction.  The standard is substantial similarity  Before proving infringement, check who owns the rights – do a title diligence for IP  Is the infringement excusable? Check if its fair use or fair dealing UX-India 2013: Lean+Strategy
19.  Everything is negotiable so remember that when you’re sitting at the table  You can always work out a deal with respect to content use and fees  These are broad principles – courts will always take the facts into account before pronouncing a decision UX-India 2013: Lean+Strategy
20.  Law firms  Lawyers and Consultants  Books and the internet Sometimes this can be expensive and cumbersome But what if there was one place you could go to; one place that aimed to empower you by educating you about your rights? UX-India 2013: Lean+Strategy
21.  Aims to eliminate problems by tackling the root cause of the problem – by eliminating the information gap between artists and the law  Creates an online repository of information in an easily understood and accessible format  Conducts workshops aimed at creating a dialogue between artists on issues of law and industry standards  Works on bringing out material in various formats to act as ready-reckoners and quick reads  Works towards becoming a one-stop knowledge resource for artists in India UX-India 2013: Lean+Strategy
22.  How do you expect to tip the scales in your favour in the course of negotiations with a potential investor/client/customer?  How do you intend to retain creative control over your design or any other artistic product?  How do you plan on enforcing your rights when faced with a copyright or trademark infringement? UX-India 2013: Lean+Strategy
23.  Being empowered is important  Knowing your rights is important Only then can you begin to consider creating for a better tomorrow  Fosters, nurtures and respects  Innovation and creativity UX-India 2013: Lean+Strategy
24.  manojna.artistiklicense@gmail.com  facebook.com/artistiklicense  artistiklicense.wordpress.com  Twitter: manojnayeluri UX-India 2013: Lean+Strategy