Publication Summary¶
| Title | IP and Copyright Compliance Policy |
|---|---|
| Author(s) | Alessandro Cardinali |
| Issued by | CEO |
Version doc. Review freq. |
0.1 Yearly |
| Date of issue | December 11, 2023 |
| Owner | CEO/Founder |
| Document status | Draft – Final Draft - Final |
| Approval Date | n/a |
| Classification | Internal |
Change Log
| Version | Date | Author | Comments |
|---|---|---|---|
| 0.1 | October 23, 2023 | Olaf Jacobson | First draft document |
Table of Contents
2 IP and copyright compliance policy 5
2.1 What is intellectual property? 5
2.2 Protection of intellectual property 5
2.3.1 Copyright, Designs and Patents Act 1988 6
2.3.2 Digital Economy Act 2010 7
2.4 Penalties for infringement of copyright 7
2.5 Software license compliance 7
2.5.1 Proprietary software license 7
2.5.2 Free or open-source license 7
Introduction¶
Soon has implemented an Information Security Management System (ISMS) that complies with the ISO/IEC 27001 international standard for information security management.
In creating and maintaining an ISMS it is vital that a full understanding is gained of the various intellectual property and copyright requirements that apply to Soon and its business. This will ensure that the organization continues to meet its obligations and its board of directors and other stakeholders are not exposed to the risk of criminal prosecution or corporate liability.
The purpose of this policy is to document how such requirements will be identified and complied with.
This control applies to all systems, people and processes that constitute the organization’s information systems, including board members, directors, employees, suppliers and other third parties who have access to Soon systems.
The following policies and procedures are relevant to this document:
Purpose of this document¶
This document sets out how the terms of licensing of intellectual property and copyright will be complied with in areas such as proprietary software.
Areas of the standard addressed¶
The following areas of the ISO/IEC 27001 standard are addressed by this document:
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A.5 Organizational controls
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A.5.1 Policies for information security
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A.5.32 Intellectual property rights
IP and copyright compliance policy¶
What is intellectual property?¶
Intellectual property (IP) is commonly understood to be “creations of the mind”, put simply, property that has involved some intellect in its creation. Because such intellect was required to create it, the owner of the IP retains some degree of control over its use. In many countries this control and ownership is defined in law.
Intellectual property can exist in many forms including:
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Books
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Documents
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Software
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Designs
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Logos
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Music
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Recordings
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Digital media
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Photographs
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Films/Movies and videos
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Plays
It is important that intellectual property is protected by law otherwise individuals and organizations may not create anything new because there would be little benefit to the creator in doing so.
Protection of intellectual property¶
Protection of intellectual property is provided by the following main mechanisms:
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Patent
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Trademark
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Industrial Design
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Geographical Indication
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Copyright
Patents provide protection for inventions and are generally granted for 20 years. They must be applied for and granted in individual countries and can be sold or licensed to others.
A trademark is a sign or symbol that is associated with a particular individual or organization and has been registered as such. When registered, the organization can claim the exclusive right to use that symbol and can prevent others from doing so through the courts.
An industrial design refers to the aesthetics of an article as opposed to its functionality (which would be registered as a patent). This can be registered and protected although it can be difficult to define. Sometimes such features are also protected under copyright (see below).
Geographical indications refer to the place of origin of an article and usually derive some benefit from that association, for example many food products or wine. They are generally protected by national laws and in some cases by regional legislation, for example in the European Union.
Copyright laws provide protection for artistic “works”, are obtained automatically without registration and generally apply for 50 years after the creator’s death.
The law¶
IP protection is provided via a national and international legal framework and at a high level is included in Article 27 of the Universal Declaration of Human Rights.
Internationally the World Intellectual Property Organization (WIPO) in Switzerland (part of the United Nations) provides guidance and administration of many of the applicable international treaties that have been agreed between countries to enforce the protection of IP worldwide.
The main legislation applicable to our business activities is as follows.
[Note - applicable to UK only – you will need to tailor the following sections according to the country or countries in which your organization operates]
Copyright, Designs and Patents Act 1988¶
The Act comprehensively defines the rights of the copyright holder and applies to the following descriptions of “work”:
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Original literary, dramatic, musical or artistic works
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Sound recordings, films or broadcasts
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The typographical arrangement of published editions
Computer programs and databases are specifically defined in the Act as “literary works”. In general, the author is the owner of the copyright unless the work “is made by an employee in the course of his employment” in which case the owner of the copyright is the employer.
If you are not the owner of the copyright in a particular work, it is an infringement of the rights:
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To copy the work
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To issue copies of the work to the public
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To rent or lend the work to the public
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To perform, show or play the work in public
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To communicate the work to the public
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To make an adaptation of the work or do any of the above in relation to an adaptation
…unless you have been granted a license to do so by the copyright owner.
In general, it is not an infringement of the copyright to make a temporary copy for the purposes of:
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Research and private study
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Criticism, review and news reporting
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Incidental inclusion of copyright material
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Making a single accessible copy for personal use (if visually impaired)
Although in many cases this does not apply to computer programs and databases; there is a specific inclusion in the Act to provide for the taking of backup copies of these.
Digital Economy Act 2010¶
This act allows someone who believes their copyright has been infringed online to progress their claim through the Internet Service Provider (ISP) that provides a service to the infringer. The claimant sends a “copyright infringement report” to the ISP within a month of the infringement. The government body OFCOM has powers to force the ISP to take action to address instances of copyright infringement.
Penalties for infringement of copyright¶
In cases of infringement a copyright owner can take the person or organization involved to court and if proven may be awarded damages. They may also take out a court injunction to prevent the infringer from using the copyright material and possibly to have it destroyed.
Employees responsible for knowingly infringing copyright will be subject to disciplinary action by the organization.
Software license compliance¶
As mentioned previously, computer software is considered to be “literary works” for the purposes of the law. In order to use a software program, the individual or organization must be granted a license to do so. There are various types of license and it is important to know the differences to avoid infringing copyright.
Proprietary software license¶
Under this type of licence, the user is granted permission to use the software under an End User Licensing Agreement (EULA). This will usually involve some form of payment to the copyright holder either directly or via a third party such as an authorised reseller.
EULAs are often very long documents and will contain a list of the activities that are, and are not, permitted under the license. It is important to ensure that all activities with regard to the software carried out by Soon fall within the terms of this agreement.
Free or open-source license¶
The permissions granted under a free or open-source license are usually much wider than with a proprietary license and will often involve no payment. However, a license is still defined, and the use of the software is dependent upon complying with its terms.
Obtaining software¶
All software used within Soon must comply with our Software Policy and be on the list of approved software. This is the case whichever type of license is involved and whether or not payment is made.
Software must always be obtained from a source authorised by the copyright holder and evidence of purchase kept, including:
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Receipt of purchase
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License agreement
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Number of licenses
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License keys
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Physical media, for example CD/DVDs
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Software manuals
Installation and use of software on Soon systems will be subject to regular monitoring to ensure this policy is complied with.
Reusing licenses¶
If a license is no longer required by a user (perhaps due to termination or reassignment) the terms of the software license must be reviewed to understand if and how it may be reused.
If permitted by the license, the software may be redeployed to another user in order to ensure that best value is obtained for the organization.
Software licensing compliance reviews¶
On a regular basis a review of installed software against recorded licenses must be carried out to ensure that all software in use within the organization is correctly licensed.
This may highlight opportunities for license re-use and identify any cases where additional licenses need to be purchased.
Other types of IP¶
The organization makes use of a variety of types of IP other than computer software, and it is important that copyright considerations are considered with respect to these assets too.
These may include:
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Training videos
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Music played in works locations, for example factories and offices
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Books
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Courses
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Procedural documentation
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Product documentation
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Presentations
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Photographs used on websites
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Customer logos on marketing materials
Care must be taken to ensure that copyright is understood and not infringed in their use. The license provided may allow certain types of use without permission being obtained and this should be checked first. Where it is desired to make use of copyrighted materials outside of the terms of the license, clearance must be obtained from the copyright holder.
Assuming the copyright has not expired (for example for most classical music) the holder of the copyright must be contacted, and specific permission obtained for the use requested, including the format of the medium involved and the distribution intended (for example for public or internal use within the organization).
The permission must be obtained in writing and kept in a safe place.
Protecting our intellectual property¶
Of course, copyright issues do not only apply when our organization makes use of other people’s work. Original materials are produced on a regular basis with Soon and these will be subject to the same levels of protection set out within this policy.
Often the establishment of IP rights will be carried out as part of a business process (for example application for patents as part of research and development) and it is important for all employees to know what IP the organization holds that needs to be protected from infringement.
However, for those creative works being generated outside of formal business processes the following considerations must be remembered if our IP is to be protected:
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Ensure that a claim to copyright is included on all works that are intended for outside distribution
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Remain vigilant for instances where our copyrights, patents, trademarks or industrial designs are being used without permission
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Report all suspected infringements to the legal team
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Consider licensing terms when sending items that might be termed IP to others outside the organization
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Make sure that everyone understands the law and what is and is not permitted with respect to our IP
Creativity is an expensive business so we must make sure we gain maximum benefit from it.
Conclusion¶
This policy defines what intellectual property is, how it is protected by law and how all employees need to ensure they remain within clear guidelines when dealing with “creative works”.
The protection provided by copyright and other types of legal mechanism ensure that it is viable and worthwhile to invent and create new concepts and ideas, safe in the knowledge that they can’t be stolen or misused by others. This is essential in today’s world to give our customers confidence that the goods and services they buy are of high quality and can be trusted to deliver.