Cyprus: The Law And The Creative Industries - New And Exciting Paths - Protection And IP Rights

The creative industries are undergoing a fundamental transformation! This transformation may offer unique opportunities to look at new options, explore innovative ideas, employ new approaches, decide upon taking strategic directions and approaching exciting paths.

This article argues that in this era of transformation, where creativity, innovation and knowledge, technology, digitisation and robotisation and knowledge exist and develop and are fast becoming powerful means of fostering development gains, the creative and cultural industries potentially offer more resilient, inclusive, and environmentally viable paths to recovery and governments can play a crucial and catalytic role by putting in place the policies, laws and regulations, and institutions needed to strengthen their cultural and creative industries and benefit from the creative economy.

In other words, the creative economy is a concept centered on the dynamics of the cultural and creative industries, the players therein and the potential of "creative assets" to generate growth and development for a sustainable future. In other words, the interrelation among creativity, culture, economics and technology has the potential to generate income, jobs and export earnings while at the same time promoting social inclusions, cultural diversity and human development. (UNCTAD Creative Economy Report 2008).

Attempting to define the Creative Industries

The term "creative industries" was barely known twenty (20) years ago. It is of relatively recent origin, emerging in Australia in 1994 with the launching of the report, Creative Nation. Three years later, it was found in the decision of the newly elected British Labour government headed by Tony Blair, to establish a Creative Industries Task Force (CITF) as a central activity of its new Department of Culture, Media and Sport (DCMS) which built upon the function of the earlier Department of National Heritage.

The "Creative Industries" definition from the UK DCMS is based on an Economic/Industrial approach which distinguishes between core and peripheral industries (as opposed to other definitions given at times which are based on different approaches and/or models and/or methodologies such as those providing that creative industries are differentiated according to their branches of activity: production functions vs. distribution activities, i.e. the Cultural Content approach and Branches of Activity approach) and defines as creative those industries which have their origin in individual creativity, shill and talent and which have a potential for wealth and job creation through the generation and exploitation of Intellectual Property.

The above definition, according to the main DCMS categorization may include the following sectors (plus few other which were added by the writer):

-Advertising

-Architecture

-The Art and Antiques Market

-Communication Industry

-Crafts

-Design

-Engineering

-Fashion

-Film and Video

-Interactive Leisure Software

-Internet of Things (IoT)

-Music

-The performing Acts

-Theatre, Musical and Dance

-Publishing

-Software (of any kind or for any purpose)

-Television and Radio

-Video and Computer games

The definition, being the first of its kind, was widely adopted by other countries. However, since then, the UK has taken the lead role in mapping, developing and promoting the creative industries/sector through a variety of carefully drafted policy initiatives, strategies and measures and today it has the largest creative sector in the EU.

The importance of Creative Industries and its relation to Intellectual Property Law

Indeed, creative industries can make substantial contributions towards national economic growth through the exploitation of the creative skills of their workforce and the generation of Intellectual Property.

Intellectual Property is the catalyst that transforms creative activity into creative industry and value. The law grants rights to creators in order to provide them with incentives to create and disseminate their work. Therefore, knowing, protecting and exploiting your rights as creators is vital and essential. It is only through understanding what rights you own in your work, how you can ensure that you are identified as your work's creator and the meaning of protection and exploitation of your work that you can make a living and not only, in your particular sector and in the creative industries and continue spending time to create new works.

However, in practice it is rather difficult for the creators themselves to recognise and understand their intellectual property rights and assets and protect them due to the complexity of the Intellectual Property Law especially when it comes to agreements (including Licensing and Assignment)that need to be signed between the creator prior to any exploitation of their intellectual property.

Intellectual Property is not one thing

Intellectual Property is not one thing. Copyright, patents, designs and trade marks are all types of intellectual property protection. So, it is a variety of rights which may apply to different aspects of works such as:

-the names of your products or brands

-your inventions

-the design or look of your products

-things you write, make or produce

Explaining registered and unregistered Intellectual Property rights

Some of these rights may arise automatically at the moment the work is created, whereas others may require application to the relevant authorities for their registration. Usually these authorities will probably be of certain country thus the registration will be made within certain geographical boundaries with each right usually subsisting only within the country/jurisdiction which actually granted it.

Unregistered Intellectual Property rights

COPYRIGHT for example, a critical type of Intellectual Property right for creative industries, is an Intellectual Property right which arise automatically and/or comes into existence the moment the work is recorded. In other words, it does not require registration. Copyright protects the owner of the property rights in literary, dramatic, artistic, musical works and films against those who would copy or otherwise use the works in their original form. It also grants the exclusive right to use, lend, or permit others to make copies or adaptations of the works they create. It, therefore, acts as incentive for the creators to continue to create new work.

PERFORMACE rights, are Intellectual Property rights which also do not need to be registered. These rights protect the exploitation of live dramatic, musical or literary performances usually by way of recording them or making recordings available.

DESIGN can be registered and also unregistered. UNREGISTERED DESIGN right protects designs for making objects again from the moment the design is recorded.

The LAW OF CONFIDENCE protects confidential information (trade secrets) against disclosure or use by a person who received the information in a confidential relationship.

Registered Intellectual Property rights

Registered Intellectual Property rights protect a range of things:

A PATENT is an exclusive right granted for an invention – a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20 years.

A TRADEMARK is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company and protect them against use by others in relation to similar goods and services. Trademarks may cover names, slogans, symbols and images (and in some countries colors and smells). In other words, a Trademark helps consumers to identify and purchase a product or service based on whether its specific characteristics and quality – as indicated by its unique trademark – meet their needs.

REGISTERED DESIGNS or INDUSTRIAL DESIGNS mainly refer to an ornamental and/or aesthetic aspect of an article and briefly they protect decorative designs such as unique shapes, configuration and also colour or composition of 2D and 3D designs and are most often used for application to manufactured objects.

Useful Chart Types of protection

Types of protection

The type of protection you can get depends on what you've created. You get some types of protection automatically, others you have to apply for.

Automatic protection

Type of protection

Examples of intellectual property:

-Copyright

-Writing and literary works, art, photography, films, TV, music, web content, sound recordings

-Design right

-Shapes of objects

Protection you have to apply for

Type of protection

Examples of intellectual property

-Trademarks

-Product names, logos, jingles

-Register designs

-Appearance of a product including, shape, packaging, patterns, colours, decoration

-Patents

-Inventions and products, e.g. machines and machine parts, tools, medicines

Keep these types of intellectual property secret until they're registered. If you need to discuss your idea with someone, use a non-disclosure agreement.

Using more than one type of protection

More than one type of protection could be linked to a single product/service/creation/work , e.g. you could:

-register the name and logo as a trade mark

-protect a product's unique shape as a registered design

-patent a completely new working part

-use copyright to protect drawings of the product

It is obvious that all creators wishing to succeed in their effort to create and generate income from the commercial exploitation of their rights need to rely to a greater or lesser extent on Intellectual property Law and the way they are using it for their protection and benefit.

The intellectual property system helps strike a balance between the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish, for the benefit of all. Together, these creators and companies and their Intellectual Property rights and agreements in place within the market place, make, indeed, the most of the Creative Industries.

Strengthening the Creative Industries

There is no doubt that, Creative industries are among the most dynamic sectors of world trade. As mentioned at the beginning of this article, Governments can play a crucial and catalytic role by putting in place the policies, laws and regulations, and institutions needed to strengthen their cultural and creative industries and benefit from the creative economy.

Governments who haven't looked seriously into their creative sector must do so, starting by examining their current intellectual property legislation, tax, legal and fiscal policies (mainly the need for financing mechanisms and legislation and a framework to support creative SMEs and to attract investors) and institutional framework and their current organizational structure/s in place to support the creative sector. By fostering the development of productive creative capacities, cultural entrepreneurial skills and trade opportunities, conducting meetings and exchange views and ideas between the Government ministries and Stakeholders and reach strong consensus.

To review all institutional mechanisms available and provide for new such mechanisms, if necessary, to raise awareness and educate accordingly in order to provide an enabling environment for promoting the use and safeguarding of Intellectual property rights and ensuring enforcement of those intellectual property rights timely and effectively to ensure the development and promotion of creative and cultural industries.

In this way the Creative and Cultural Industries will boost the number and quality of jobs, generate income, increase trade in creative products, promote cultural diversity and development, while at the same time, substantially contributing to the Creative Economy and the national Economy in general as the ultimate goal.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions