4 - Intellectual Property and Copyright

Intellectual
Property and
Copyright
Prof. Dr. Meltem Huri
Baturay
What is Intellectual Property?
Legal rights that are granted to individuals or entities for their creations or
inventions of the mind.
● These creations can encompass a wide range of intangible assets, and
intellectual property (e.g., inventions, literature, music, artwork)
● Laws are designed to protect the rights of creators and inventors by
granting them exclusive rights to their work.
Why it's valuable?: It encourages people to come up with new ideas and make cool
stuff by giving them legal rights to their creations.
What is Intellectual Property?
● The importance of IP was first recognized in the Paris Convention
for the protection of industrial propert in 1883.
● Further in 1886 Berne Convention was held for the protection of
literary and artistic work.
● WIPO is a global forum for IP services, policy and information .
Developed in 1967. It’s mission was to lead the development of a
balanced and effective international intellectual property system.
Intellectual Property, Copyright, Patent, Trademark & Trade Secrets
● Intellectual Property (IP) is like a big umbrella covering different types of

property. When someone talks about "Our IP," they're usually talking
about copyrights, trademarks, patents, and more that they own.
● Copyright protects original works made by creators or copyright holders.
● Patents, trademarks, and registered designs are also examples of IP.
● Trade Secrets are another type of IP. They safeguard confidential business
information like manufacturing processes, customer lists, or marketing
strategies that give a company an edge over competitors. They last
indefinitely as long as they stay secret.
What is the difference between intellectual property and copyright?
Copyright is like a shield automatically given to the person who

creates something original, whether it's a story, painting, song, or
computer program. It doesn't cover just the idea, but how that idea is
expressed.
You can give your copyright to someone else, but usually, you just let
them use it for a while in exchange for money or some other benefit.
These agreements often have rules about how the work can be used
and for how long.
Why is the copyright and intellectual property important?
● Protecting intellectual property helps a company increase the

value of what it owns and boost productivity down the road.
● Patents and copyrights let companies have full control over their
creative ideas and innovations.
Thypes of Intellectual Property
● Patents
● Copyright
● Trademarks
● Tradesecret
Patents
A patent is a type of intellectual property that gives its owner the legal right to exclude
others from making, using, or selling an invention for a limited period of time in exchange
for publishing an enabling disclosure of the invention.
Copyright
● Copyright protects original creative works such as literature, music, art and software.
It gives creators the right to reproduce, distribute and exhibit their works.
The earliest copyright…
● The Statute of Anne, passed by the Parliament of the
United Kingdom in 1710, is one of the first modern
copyright laws and is considered the earliest example of
copyright legislation in literature. Its main purpose was to
provide protection for authors and publishers against the
copying and distribution of their works. This law granted
creators of works a proprietary right for a specific period,
after which the works would enter the public domain. The
Anne Statute set the copyright term at 14 years, with a
possible extension of 21 years.
The earliest copyright…
● The Statute of Anne laid the foundation for copyright
laws, giving creators the ability to control the use of their
works and benefit from them commercially. It also
contributed to the development of the concept of
copyright and served as an inspiration for later copyright
laws. Today, copyright laws are applied in various forms
worldwide, but the Statute of Anne is recognized as the
starting point for these laws.
Copyright
The Monkey selfie copyright dispute involved a
photo taken by a monkey using a photographer's
camera. It raised questions about who owned the
copyright: the photographer or the monkey. The U.S.
Copyright Office said animals can't hold copyrights.
In 2017, the case was settled with the photographer
donating some revenue to animal charities. The legal
question of animal copyrights remained unresolved
in U.S. law
Types of Copyright
Literary Works: This category includes books, manuscripts, articles, and other written content.
Musical Works: Original musical compositions, including accompanying words, are protected under copyright.
Pantomimes and Choreographic Works: The copyright protection covers the unique sequence of movements or
dance steps.
Pictorial, Graphic, and Sculptural Works: This category involves two-dimensional and three-dimensional works of
fine, graphic, and applied art.
Sound Recordings: This category covers the recording of sounds, whether they are musical, spoken word, or other
types of sound.
Architectural Works: Architectural plans, drawings, and structures fall under this category.
Motion Pictures and Other Audiovisual Works: This includes movies, documentaries, television shows, and other
audiovisual content.
Dramatic Works: This includes scripts, plays, and other similar works.
What does copyright not cover?
Ideas: Copyright protects the expression of ideas, not the ideas themselves. For example,
it protects the specific story you write, but not the general idea of writing a story about a
wizard school.
Facts: Copyright doesn't protect facts or information. You can't copyright historical
events, scientific discoveries, or other factual information.
Methods and Systems: Copyright doesn't cover methods, processes, or systems. For
instance, you can't copyright a recipe or a mathematical formula.
Short Phrases: Copyright doesn't protect short phrases, slogans, or common expressions.
For example, you can't copyright a short phrase like "Just Do It."
Some key aspects of copyright
• Originality: Copyright protection is automatic and applies to any original work as soon as it is created and
fixed in a tangible medium, such as writing a book or recording a song.
• Exclusive Rights: Copyright holders have the exclusive right to reproduce, distribute, perform, and display
their work. Others cannot use or reproduce the work without permission.
• Duration: Copyright protection typically lasts for as long as the creator is alive and then an additional 50 to
70 years, depending on where you are. After this time, the work usually becomes available for everyone to use.
• Fair Use: Sometimes, there are special rules for copyright, like fair use. This means you can use some
copyrighted stuff without asking if it's for things like criticism, commentary, news, or education.
Challenges in the Digital Age: Copyright laws have changed to deal with problems brought by the internet
and digital media. These include issues like online piracy, streaming, and how people use copyrighted stuff in
the digital world.
● Apple vs Samsung: In 2011, Apple sued Samsung for patent infringement, claiming that Samsung's smartphones and tablets
copied the design and functionality of Apple's iPhone and iPad. The case was heard in 2012 and it was decided to pay 1.05
billion dollars in compensation to Apple.
● The Napster case: In 2000, the music-sharing site Napster was sued by several major record labels for facilitating copyright
infringement. The case eventually led to Napster shutting down and a shift in the music industry towards digital distribution.
● Oracle vs Google: In 2010, Oracle sued Google for copyright infringement, alleging that Google had used parts of Oracle’s Java
programming language in its Android mobile operating system without permission. The case went to trial in 2012, with a jury
ruling in Google’s favor.

How can we get Copyright?
● Copyright is automatically given to creators when they make something original. While
you don't always need to register, doing so can help prove ownership and protect your work
better, especially if there's a dispute or someone uses it without permission.
● The moment you create a work — whether it's a literary, artistic, musical, or any other form
of creative expression — you have copyright protection.
● To get copyright registration, check with your country's copyright office or similar
institution. Usually, you'll need to fill out an application, provide a copy of your work, and
pay a fee. Each country may have different rules, so it's best to visit the copyright office's
website for details.
● For expert help, consider talking to an intellectual property attorney or consultant. They
can give you personalized advice on registering your copyright and managing it effectively.
Trademark
● Trademarks are symbols, names, or slogans used to distinguish and identify goods
and services in the marketplace. They provide brand protection and prevent others
from using a similar mark in a way that could create confusion.
Trademark
● Intellectual property laws such as trademark laws forbid
the sale of infringing goods like these "McDnoald's" and
"NKIE" sandals from China.
Tradesecret
Trade secrets are confidential business information, such as manufacturing processes,
customer lists, and formulas, that give a company a competitive advantage. Trade secret
protection relies on maintaining secrecy.
Tradesecret
● Green Chartreuse liqueur protected by confidential
information of the ingredients
Tradesecret
In a recent development, Twitter accused Meta of stealing trade secrets during the
development of Threads, alleging that Meta recruited former Twitter employees who had
taken unauthorized equipment and documents with them. However, Meta denied any
wrongdoing, stating that none of the Threads engineering team had previous ties to
Twitter. Threads quickly gained one billion users after its launch, posing a threat to
Twitter's user base. Twitter responded with a lawsuit against Meta for trade secret
infringement. The incident underscores the importance of protecting trade secrets in
technology industries. This situation has brought attention to the issue and may impact
Summary
………………… safeguards original creative works like books, music, and art, giving
creators the sole rights to reproduce and distribute their work for a set time.
………………… is a broader concept covering various legal rights such as copyrights,
patents, trademarks, and trade secrets, which protect different intangible assets.
………………… provide inventors exclusive rights to their new, useful, and non-obvious
inventions, barring others from making, using, or selling the invention for a specific duration.
………………… shield unique symbols, names, or slogans that distinguish products or
services, enabling owners to prevent others from using similar marks in trade.
………………… safeguard valuable confidential business information.
Answers
Copyright safeguards original creative works like books, music, and art, giving creators the
sole rights to reproduce and distribute their work for a set time.
Intellectual Property is a broader concept covering various legal rights such as copyrights,
patents, trademarks, and trade secrets, which protect different intangible assets.
Patents provide inventors exclusive rights to their new, useful, and non-obvious inventions,
barring others from making, using, or selling the invention for a specific duration.
Trademarks shield unique symbols, names, or slogans that distinguish products or services,
enabling owners to prevent others from using similar marks in trade.
Trade Secrets safeguard valuable confidential business information.
Intellectual Property in the Digital Age
• It refers to how legal protections for creative works and innovations, such as copyright and patents,
are impacted by the digital world.
●
Challenges and Opportunities of Digital Content: In this context, digital content presents both
challenges and opportunities. Challenges include issues like piracy, where people can easily
copy and share digital content without permission, potentially depriving creators of their rights.
However, the digital age also offers opportunities for creators to reach wider audiences and
distribute their work more easily.
●
Digital Rights Management (DRM): This is a set of technologies and strategies used to protect
digital content. DRM systems control how digital content is accessed, copied, and distributed.
They aim to prevent unauthorized use or sharing of digital material. DRM is a tool used to
address some of the challenges presented by digital content in protecting intellectual property.
What should we do if we think our work has been stolen ?
● The first step is to gather and preserve all documents related to the
works you suspect have been stolen, along with their copyright
information.
● Contact the suspected individual or organization by sending an
official email or letter explaining the situation.
● In the case of a copyright infringement, you can report the violation
using the copyright infringement reporting processes of relevant
platforms (e.g., content infringement reporting on YouTube).
What should we do if we think our work has been stolen ?
● If the issue remains unresolved or if it is a serious violation,

consider seeking legal counsel. A lawyer can assist you in
protecting your copyright.
● Don't forget to collect evidence to prove the violation. These pieces
of evidence should support your work and copyright.
● Enhance your legal protection by registering your works.
● Follow your lawyer's guidance to initiate the necessary legal
processes to protect your rights and seek compensation n.
International Organisations
● Berne Convention for the Protection of Literary and Artistic Works
● Universal Copyright Convention (UCC)
● Trade-Related Aspects of Intellectual Property Rights (TRIPS)
● World Intellectual Property Organization (WIPO)
● The Digital Millennium Copyright Act (DMCA)
● Other Bilateral and Regional Agreements
In Türkiye
● Copyright laws in Türkiye are primarily governed by Law No. 5846 on Intellectual
and Artistic Works,dated July 1951. This law provides protection for a wide range of
creative and intellectual works, including literary, artistic, and musical creations.

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Intellectual

● Intellectual Property (IP) is like a big umbrella covering different types of

Copyright is like a shield automatically given to the person who

● Protecting intellectual property helps a company increase the

billion dollars in compensation to Apple.

ruling in Google’s favor.

● If the issue remains unresolved or if it is a serious violation,

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