Tag Archives: intellectual property

Mind your Phrases!

The producers of “Game of Thrones” threatened to sue a 13-year-old girl for using the phrase “winter is coming” in art work she had uploaded to the internet and shared on social media. The producers of “Game of Thrones” argue that the phrase is central to the series and they own the rights to it.
On the face of it this is a worrying development. Copyright is there to protect the intellectual property of creatives (authors, painters, poets etc). It plays a vital role in ensuring the creator of content gains the credit for their creations and any monies that may be generated. However the phrase “winter is coming” has been around long before “Game of Thrones” was ever thought of. As someone with no legal background I find it difficult to comprehend how a phrase which has been used for centuries can be construed as belonging to any one individual or entity. I once used the sentence “autumn has come in all her beauty”. Can I now argue that the phrase belongs to me? I have no intention of doing so. I could however (invoking the logic which seems to be being employed above) threaten to take legal action against anyone who utilises the phrase “autumn has come in all her beauty”, unless, of course someone else used it prior to me doing so!
As always I would be interested in my readers views. For the article please visit HERE

Letting go

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Letting go of one’s book can be difficult. Several weeks ago I was in the pub enjoying a pint with 2 friends. I had just sold a copy of my book, “Lost in the Labyrinth of My Mind” to my friend A. There it sat, in all it’s splendour within easy reach of 3 pints of beer. Just one careless elbow or a wrong move by my guide dog Trigger and my book would have been well and truly soaked! While I didn’t voice my concerns, I sat in convivial surroundings thinking “what if someone’s beer splashes all over my book?” However the book was, of course no longer mine as it’s ownership had passed from me to my friend A who is now entitled to do with it as he sees fit. While “Lost” remains mine in the sense that the creator of intellectual property/ideas retains ownership of them (unless he signs a contract signifying otherwise), once I sell and/or give away any of my books, the property in them passes to their new owner.
I guess my feeling of concern regarding that book and the 3 pints can be compared to a parent who’s child has reached the age of majority, the point at which they can leave home and enter into relationships without parental consent. Parents may worry that a particular date isn’t right. They can, however do nothing whatever about their son or daughter’s decision.
The copies of “Lost”, once sold are, forever lost to me. Doubtless their new owners will treat them with care and, I hope gain many happy hours leafing through my work. I do, however think from time to time about that book on the pub table and the 3 pints of beer …!

Copyright Notice

Lets Abolish Copyright Law …

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While browsing the web I came across an interesting article which argues for the abolition of copyright law, http://newasiarepublic.com/?p=29418. The author’s contention is, in a nutshell that content creators and publishers need to become more innovative in how they generate revenue. If authors, for example can not survive in this world of file sharing then they, basically deserve to go out of business leaving the field open to the more fleet of foot.

There exist a number of excellent reasons for opposing this perspective and one of the comments, in response to the piece,from an expert in intellectual property law, does a good job of challenging the contentions promulgated in the article. My own thoughts are as follows. Last Monday I contracted with a plumber to repair a dripping tap in my kitchen. In return for his labour I paid him £40. Imagine the situation, if you will had I refused to pay this honest tradesman. He would, quite naturally have become irate. At worst I would have been taken to the Small Claims Court for not honouring a contract/committing theft and, at best the plumber would have blacklisted me informing other local trades people not to touch that Mr Morris with a barge pole.

We are all, I think in agreement that failing to pay a tradesman constitutes theft, so why should the failure to pay for content which I or any other person has produced be construed as anything other than stealing? Maybe I am obtuse but I fail to see the difference.

I would as always be interested to hear your views.

Kevin