By  charles kulwa n reg no 42688

Copyright and patent law in creative industries

Importantly English common and statue law build on expressive value in their definitions of intellectual properties right (IPR) when distinguishing between copyright and patent.IPR of courses is only one modality by which firms can appropriate the benefits from investments in knowledge. Formally, trademarks, design rights and confidentiality agreements may also be used, while strategic mechanism such as lead time on competitors, trade secrecy and complexity of design are also important

A patent is a limited monopoly granted to an individual for a period of 20 years in return disclosure of technical information of an invention. Critically, patents protect useful ideas. To qualify, an idea must be novel, involve an inventive step, must be capable of industrial application and not be excluded. Aesthetic creations-including music, art, dance and literature-are specially excluded.

Copyright on the other hand protects original expression. The property protected by copyright is special in that it comes into effect automatically and is generally for the benefits of the author, key concepts that has shaped the development of copyright doctrine. The term of protection form literary. Dramatic, musical and artistic works is life plus70 years due to historical reasons, although there are many exemptions such as so called entrepreneur works.

Unlike patent law that concentrates on the relationship between the invention and information in the public domain, the originality test in copyright is concerned with the relationship between the creator and work, that is, the expressive input and that brings the idiosyncrasies and serendipities of skill, labour and judgement to bear on the resulting output

The common denominator of the creative industries is that all to a greater or lesser extent – use copyright in their business model. Indeed some American commentators refer to the copyright table rather than the creative industries

Their common business challenges can be seen as more intense versions of some of the challenges that confront the knowledge economy n more generally. The university of Havard professor Richard cave, one of the first theory to the creative industries

Creative industries challenges

Nobody knows- the value of the output of the creative industries to individual consumers is only known after they have been consumed or experienced. They correspond to what Michael Darby and edi karni identify as credence goods whose quality cannot be perfectly determined by the buyer after consumption

It is very difficult to state with confidence what constitutes an arresting piece of music, or an addictive video game-in sharp contrast with more functional good whose attributes speed, accuracy, ease of use, greater fuel efficiency or whatever can be more readily measured and a technological frontier established

Louis levy Garboua and claude Montmarquette suggest that consumers are into aware of their true tastes in cultural markets. Rather they discover them through repeated experiences in a sequential process of unsystematic learning by consuming. Because there is an infinite variety of creative of creativity offerings, this discovery process may, in effect, be never ending. And to the extent that individual are unsure of what they like, it is not surprising that procedures of goods of expressive value struggle to anticipate market value