Moving back to the theory of Photoshop prior to returning to the assignment topic, this Blog Post will feature discussion and research in regards to Legal Issues in relation to Digital Imaging Software.
When using Digital Imaging Software it is very important to take into consideration any legal issues that could arise when editing and manipulating an images. In my position, the legal issues will be in regards to that of Intellectual Property and the use of other people's photographs and images. The term of Intellectual property covers a whole range of items and it is any form of original creation that can be bought or sold, this could range from photographs that you take, or to music that you make. There are four main types of Intellectual Property and these include Patents, Designs, Trade Marks and Copyrights. Below you will find a discussion and explanation of each.
Patents
The definition for a patent is that of something that protects how things work which is usually used in conjunction with inventions whereby the inventor can protect the features and processes that make things work. Looking futher into this, a patent will protect new inventions and covers how things work, what they do, how they do it, what they are made of and also how they are made. Once a patent application is granted, this will then enable the inventor/owner of the patent to take legal action to try to stop other from using, making, importing and selling the invention without prior permission. A few examples of Patents are that of the iPod, and the Wheel.
Designs
The definition for a Design is that of something that protects the appearance of a product or a logo. Once a design has been registered, this is then a legal right which protects the overall visual appearance of a product or a part of a product, in the country or countries that it it is registered in. The design itself will include the aesthetics, shapes, colours and also materials that it contains. For example, a design of an aeroplane would be classified as a registered design.
Trade Marks
The definition for a Trade Mark is that of a sign that distinguishes a good or a service, and these include such items like words and logos. By having a specific sign, this will be able to distinguish one product or service from those of the other competitors in the market. There are many examples of this, however mobile phone manufactures such as Apple, Samsung and Nokia all have their own registered trademark which set them apart from each other. Apple have, conveniently, opted for the logo of an Apple, whilst Samsung and Nokia opted for a simple logo that states their name. However, with them both using different fonts, these trade marks set them apart from each other and are instantly recognisable.
Copyright
The definition for Copyright is that of an automatic right which applies when work has been fixed, that is written, or recorded. This copyright applies to absolutely any medium, and this means that copyright protected work cannot be reproduced in another medium without permission having been granted. This applies to photographs that have been published on the internet, a sound recording of a book, or a painting of a photograph. Unfortunately, copyright does not protect ideas for a work - copyright only applies when the work has been fixed (for example in writing), and then the copyright automatically protects it - therefore one does not need to apply for copyright.
Creative Commons License
The license that is the Creative Commons License is one of a number of copyright licenses that are public, and enable the free distribution of copyrighted work. By enabling a creative commons license, the means that the author of that particular piece of work is actually giving people the right to share, use and also build-upon their work. A particular example of this is the photo sharing website, Flickr, whereby a user can upload their photographs and apply a creative commons license to them. It is worth bearing in mind, though, that there are different versions of the creative commons license, with their being four rights in particular: Attribution; Share-alike; Non-Commercial; No Derivative Works. Attribution is whereby the licensees are able to copy, distribute, display and also perform the work also long as the author is credited. Share-alike is whereby licensees may distribute the works however can do so only under a share-alike scheme. Non-commercial is whereby the licensee may copy, display, display and also perform the work however only for non-commercial purposes. No Derivative Works is whereby licensees may copy, distribute, display and also perform only exact copies of the work (no modifications allowed).
Legal Issues and this assignment
Having discussed and researched the above legal issues, at this point in time I feel that I should relate these specifically to this assignment, and how they might possibly affect me. In particular, I will be dealing with images and also videos that have been on the television by the BBC, as well as the recording company, Kudos. Therefore, I will have to ensure that any copyright issues are looked into, however undertaking research in regards to copyright is appears that I will be exempt from copyright issues. This is due to my project being for educational use, which is exempt from copyright issues.
Patents
The definition for a patent is that of something that protects how things work which is usually used in conjunction with inventions whereby the inventor can protect the features and processes that make things work. Looking futher into this, a patent will protect new inventions and covers how things work, what they do, how they do it, what they are made of and also how they are made. Once a patent application is granted, this will then enable the inventor/owner of the patent to take legal action to try to stop other from using, making, importing and selling the invention without prior permission. A few examples of Patents are that of the iPod, and the Wheel.
Designs
The definition for a Design is that of something that protects the appearance of a product or a logo. Once a design has been registered, this is then a legal right which protects the overall visual appearance of a product or a part of a product, in the country or countries that it it is registered in. The design itself will include the aesthetics, shapes, colours and also materials that it contains. For example, a design of an aeroplane would be classified as a registered design.
Trade Marks
The definition for a Trade Mark is that of a sign that distinguishes a good or a service, and these include such items like words and logos. By having a specific sign, this will be able to distinguish one product or service from those of the other competitors in the market. There are many examples of this, however mobile phone manufactures such as Apple, Samsung and Nokia all have their own registered trademark which set them apart from each other. Apple have, conveniently, opted for the logo of an Apple, whilst Samsung and Nokia opted for a simple logo that states their name. However, with them both using different fonts, these trade marks set them apart from each other and are instantly recognisable.
Copyright
The definition for Copyright is that of an automatic right which applies when work has been fixed, that is written, or recorded. This copyright applies to absolutely any medium, and this means that copyright protected work cannot be reproduced in another medium without permission having been granted. This applies to photographs that have been published on the internet, a sound recording of a book, or a painting of a photograph. Unfortunately, copyright does not protect ideas for a work - copyright only applies when the work has been fixed (for example in writing), and then the copyright automatically protects it - therefore one does not need to apply for copyright.
Creative Commons License
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| Creative Commons |
Legal Issues and this assignment
Having discussed and researched the above legal issues, at this point in time I feel that I should relate these specifically to this assignment, and how they might possibly affect me. In particular, I will be dealing with images and also videos that have been on the television by the BBC, as well as the recording company, Kudos. Therefore, I will have to ensure that any copyright issues are looked into, however undertaking research in regards to copyright is appears that I will be exempt from copyright issues. This is due to my project being for educational use, which is exempt from copyright issues.
References
Intellectual Property Office - Link - Last accessed 14th February 2014.
Creative Commons - Link - Last accessed 14th February 2014.
Creative Commons Pictures - Link- Last accessed 14th February 2014.
