I attended an interesting legal briefing event the other day
regarding "creative uses of IP" which mentioned in passing the
Gowers Review on the UK's IP regime and the recommendation
contained within that to create an exception to copyright for
the purposes of caricature, parody and pastiche, which would
include the point that the author(s) of the work being parodied
need not be acknowledged. I can imagine some "creative
marketing" arising from this in the form of YouTube videos
perhaps, where some anonymous person (in truth a marketing
person from a diffeent uni, or a disgruntled student?) uploads
a video parodying the uni's adverts or activities. And marketing
departments might not be able to do much, if anything, to stop
it! There is still a consultation process going on regarding the
actual steps to be taken in response to this Review, so it will
presumably be some months before we know for sure what might come
of this.
(See
http://www.ipo.gov.uk/about/about-consult/about-formal/about-formal-arch
iveresponse/about-formal-archive/consult-copyrightexceptions.htm)
The briefing also touched on the subject of comparative
advertising, and mentioned that depending on the outcome of a
landmark case between O2 and Hutchison 3G expected soon from
the European Court of Justice, it could become perfectly
acceptable to include others' registered trademarks, trade
names or 'other distinguishing marks' in your own advertising
without infringing their rights. But that's another issue, and
uni's surely wouldn't stoop to such tactics would they?
Best wishes,
Adrian
> -----Original Message-----
> From: Managing an institutional web site
> [mailto:[log in to unmask]] On Behalf Of Tavis Reddick
> Sent: 19 May 2008 10:09
> To: [log in to unmask]
> Subject: Re: Opening Up University Marketing Materials
>
> Hi List
>
> I think there's merit in the idea, but Marketing departments
> would probably like conditions for videos such as:
>
> 1 No editing.
>
> 2 No re-encoding.
>
> 3 No resizing, stretching or distorting.
>
> 4 No stripping out of presentation layers (some video
> formats may be combined with other layers). In other words,
> no decomposition.
>
> 5 No overlaying (see above) or embedding (must appear with
> clear margin on all sides), that is, no composition.
>
> 6 No interference with audio tracks.
>
> 7 No interference with closed captioning, subtitles and
> other accessibility features (OK, Marketing may not be big on
> this but I put this in anyway).
>
> 8 No defamatory uses.
>
> 9 No misrepresentation of ownership, content or purpose.
>
> 10 Assertion of moral rights of authorship etc.
>
> You'd also have to get appropriate permissions from people or
> organizations represented, I suppose.
>
> It would be easy to use material in a different context to
> create a completely different impression. This is the basis
> of a lot of television humour, after all. This is what
> Marketing departments would have to guard against, and their
> materials are especially susceptible to this kind of satire.
>
>
> Tavis
>
> Tavis Reddick
> Web Content and Architecture Developer
> ICT Systems Development
> ICT Department
> Adam Smith College
> telephone: +44 (0)1592 223313
>
>
> -----Original Message-----
> From: Managing an institutional web site
> [mailto:[log in to unmask]] On Behalf Of Brian Kelly
> Sent: 19 May 2008 09:51
> To: [log in to unmask]
> Subject: Re: Opening Up University Marketing Materials
>
> Hi Patrick
> Yes, I'd agree there's a need to read the T&Cs carefully.
> It strikes me that there are parallels with YouTube's T&Cs
> (which allow them to commercially exploit your content) and
> open source software licences, which allow software to be
> used for commercial purposes.
> For me 'openness' includes being open to commercial
> exploitation and not just within a closed community.
>
> Brian
>
> --------------------------------
> Brian Kelly
> UKOLN, University of Bath, BATH, UK, BA2 7AY
> Email: [log in to unmask]
> Phone: +44 1225 383943
> Web site: http://www.ukoln.ac.uk/
> Blog: http://ukwebfocus.wordpress.com/
>
>
>
> > -----Original Message-----
> > From: Managing an institutional web site
> > [mailto:[log in to unmask]] On Behalf Of Patrick Lauke
> > Sent: 19 May 2008 09:31
> > To: [log in to unmask]
> > Subject: Re: Opening Up University Marketing Materials
> >
> > > Brian Kelly
> >
> > > Flickr Commons [2] seems to allow institutions to do this
> (although
> > > Google Video or YouTube might be a better choice for videos).
> >
> > I'd advise people to carefully read the terms and conditions of any
> > site they use for this purpose. For instance, YouTube's is quite
> > "interesting"...under "6. Your User Submissions and Conduct":
> >
> > "C. For clarity, you retain all of your ownership rights in
> your User
> > Submissions. However, by submitting User Submissions to
> YouTube, you
> > hereby grant YouTube a worldwide, non-exclusive, royalty-free,
> > sublicenseable and transferable license to use, reproduce,
> distribute,
> > prepare derivative works of, display, and perform the User
> Submissions
> > in connection with the YouTube Website and YouTube's (and its
> > successors' and affiliates') business, including without limitation
> > for promoting and redistributing part or all of the YouTube Website
> > (and derivative works thereof) in any media formats and through any
> > media channels."
> > http://www.youtube.com/t/terms
> >
> > If you're comfortable with granting YouTube a right to do whatever
> > they want with your content, then fine...just beware if you plan on
> > using it to upload, say, student work as a showcase or similar.
> >
> > P
> > ________________________________
> > Patrick H. Lauke
> > Web Editor
> > Enterprise & Development
> > University of Salford
> > Room 113, Faraday House
> > Salford, Greater Manchester
> > M5 4WT
> > UK
> >
> > T +44 (0) 161 295 4779
> > [log in to unmask]
> >
> > www.salford.ac.uk
> >
> > A GREATER MANCHESTER UNIVERSITY
> >
>
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