Does your IP Management System Facilitate Copyright Management?

Copyright, the most romantic and dangerous of IP rights, can be challenging for IP professionals to record, track, and oversee, says Subject Matter Expert Elisa Mulas. She explores what makes copyright so difficult to manage globally and shares the new features implemented in our Equinox IP management software to provide a much-needed solution. 

When we talk about copyright, we tend to think of artistic creations of music and literature, and automatically, our brains tend to romanticize the topic. But, like all forms of intellectual property (IP), copyright comes with its challenges and dangers, too.  

Firstly, let’s review what a copyright is and why it is necessary to protect one's ideas. 

What is Copyright?

A copyright is a legal right granted to the creator of an original work, such as a book, song, painting, or software. This right gives the creator exclusive control over how their work is used, including the right to reproduce, distribute, perform, display, or license the work.  

As you can already see from the definition, we are all copyright users! 

When we turn on the radio, watch a movie, read a book, or play a video game, all we are doing is using a work protected by copyright. 

• Why is Copyright Management Challenging? 

Copyright protection, as with all other forms of IP protection, evolves over time and can differ widely in legislation from country to country and continent to continent. 

Simply looking at how various parts of the world describe copyright reveals some of the differences. For example, in the U.S. we talk strictly about “copyright,” whereas in Europe we talk about “authors' rights” or “creator's rights” (from the French droits d'auteur and German Urheberrecht).  

One of the main differences between the two systems is that while European copyright law focuses directly on the author of the work in question, U.S. copyright law addresses exploitation rights and potential financial implications. In other words, in the European juridical sense, authors' rights are, in general, related to the absolute right of the author to their work (with no real need to apply for their protection); in the U.S., on the other hand, the copyright law addresses the common need to license the work to third parties. 

• Challenges in Copyright Management: An Illustration 

Mannion vs. Coors Brewing Company provides a good example of how difficult it is to protect copyrights (photography in this case), even if they have been registered at the relevant offices. 

Photographer Jonathan Mannion had taken a photograph of basketball star Kevin Garnett for a magazine article, with the image depicting Garnett wearing athletic clothing and jewelry. He registered this photograph with the U.S. Copyright Office. 

Through its advertising agency Carol H. Williams Advertising (CHWA), Coors Brewing Co used a similar photograph in a billboard advertisement for Coors Light beer. Mannion claimed that the photograph used in the advertisement was too similar to his original work and sued for copyright infringement. However, Mannion faced difficulties in proving his ownership of the photograph, as he lacked proper documentation and registration.  

Mannion claimed that the Coors advertisement copied the distinctive elements of his photograph, including the pose, clothing, and overall composition. Coors and CHWA argued that Mannion was attempting to claim copyright over the idea of photographing a Black man in athletic clothing, which they contended was not protectable. 

The court disagreed, finding that Mannion’s photograph was sufficiently original to be protected by copyright. In the process, Judge Lewis A. Kaplan established three criteria for determining the originality of photographs: rendition, timing, and composition. 

The jury ultimately found in favor of Mannion, ruling that his copyright was valid and had been infringed by CHWA. Coors was found liable on a vicarious infringement theory and Mannion was awarded actual damages of US$30,000.