In recent years, the public has gradually become familiar with the "cultural and creative industries", but in fact, "cultural and creative industries" have long been surrounding our lives. The cultural and creative industries cover a wide range of areas, including television, movies, radio, Creations in the fields of pop music, performing arts, product design, and architectural design, as small as the LINE stickers used every day, are all part of cultural creativity. Regardless of the size of the creative works, each work is an important asset for cultural and creative workers. However, many cultural and creative workers ignore the protection of their works and their own rights and interests because they do not understand the relevant legal regulations. Cause disputes.
Recently, the Ministry of Education entrusted the National Taipei University of Technology team to organize the third "Integrating Internationally-Cultural and Creative Practice and Intellectual Property Law Forum" of the 108th Annual Art Department Legal Education of Colleges and Universities. Invite cultural and creative industry workers, scholars and lawyers from different fields at home and abroad to share the intellectual property legal issues encountered by cultural and creative industry workers from a macro international market perspective. Speakers included Suebsiri Taweeopn, a lawyer from Thailand, Mao Wuyun, a researcher at the Cultural and Creative Marketing Office of the National Palace Museum, Ma Yanhua, director of Discovery Content Distribution Department, Lin Jiafeng, CEO of Story Factory founder, Sun Zhili, director of the Taiwan Economic Research Institute, Liqin International Law Lawyer Lin Boyan from the firm, Professor Chen Siting from the Department of Law of National Cheng Kung University, and lawyer Zheng Fengdan from CCRE Law Kaohsiung Firm. Speakers at the conference shared intellectual property law issues encountered in practice in various cultural and creative fields, and exchanged and discussed them on site and with each other.
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▲The third session of the 108th Annual Art Department Legal Education of Colleges and Universities "Integrating Internationally-Cultural and Creative Practice and Intellectual Property Law Forum" From left, interpreter, lawyer Suebsiri Taweeopn, Professor Chen Siting from the Department of Law of National Cheng Kung University, event planner Professor Jiang Yaqi from the Institute of Intellectual Property of Beijing University of Science and Technology, Director of Discovery Content Distribution Department Ma Yanhua, and researcher Mao Wuyun from the Cultural and Creative Marketing Department of the National Palace Museum. Must-know IP (Intellectual property) Intellectual property rights
We often hear the word "intellectual property rights", but what exactly is it? Suebsiri Taweeopn, a Thai lawyer who has specialized in legal work such as the registration of intellectual property rights and the commercialization of cultural and creative products for many years, said that intellectual property rights protect "creativity", and as long as it meets the requirements stipulated in the intellectual property rights law, it will be included in the scope of protection. For example, a chair with "industrial design integrated appearance" is protected by intellectual property rights because the "creativity of industrial design" is protected. In addition, intellectual property rights are to protect "the results of human spiritual activities", and protection usually has a certain period of time to achieve a balance between intellectual property protection and social progress.
Lawyer Suebsiri Taweeopn emphasized that "intellectual property" is different from the property of general entities. It is an intangible asset that can neither be seen nor touched, and intangible products require borrowing money. Protected by intellectual property laws. Common intellectual property rights include trademarks, copyrights, patents, and business secrets. Different intellectual property rights have different protection scopes. He particularly reminded all cultural and creative workers to first confirm what kind of IP their works have, whether they can be protected by intellectual property rights, and to register trademarks or apply for patents according to their needs and purposes, in order to receive complete protection. Lawyer Suebsiri Taweeopn also shared a case from Thailand. There are also many copyright disputes in Thailand, so cultural and creative workers should pay special attention to "copyright verification", that is, to provide evidence to prove their IP.
▲ (Picture left) Lawyer Suebsiri Taweeopn works in a well-known law firm in Thailand, specializing in the registration of intellectual property rights, commercialization of cultural and creative products, litigation around the world and other related legal work. He shared multiple cases , explaining the scope and relevant regulations of intellectual property protection in simple terms.
(Picture right) Researcher Mao Wuyun shared the practical projects of the Forbidden City. In recent years, the Forbidden City has actively cooperated with Taiwanese brands to concretize the images of cultural relics on display in the museum, and launched doll stickers, series of movies, etc. that are more accessible to the public. products, and also use these authorized IP products to participate in licensing exhibitions abroad to expand the international market and increase the possibility of development of the museum's brand. The National Museum’s cultural relics creation IP is in line with international standards
In the past, people’s impressions of museums were very serious and rigid, but as long as some creativity is added, the museum’s cultural relics can also be reused to develop IP that can be in line with international standards. commodity. For example, the National Palace Museum has actively cooperated with Taiwanese brands in recent years to concretize the images of cultural relics on display in the museum, and launch products such as doll stickers and movie series that are more accessible to the public. It also uses these authorized IP products to participate in authorized exhibitions abroad to expand The international market will increase the possibility of development of the museum's brand. Assistant researcher Mao Wuyun said that the "IP licensing industry" is not very popular in Taiwan, but it can be understood with the concept of "co-branding". Through IP licensing, we can once again create the uniqueness of IP and develop more business value. It can be said that Provide new thinking directions in IP management. He also encouraged that in order to integrate with international standards, one must first analyze the main market and understand the relevant content that one wishes to authorize, and then make a series of plans before negotiating to create value-added effects. Appraisal of intangible intellectual property to enhance brand value and company capital
There are many cases of appraisal in practical operations, but how much is “intelligent property” worth? Intellectual property is different from other physical assets and does not have a pricing standard. Story Factory is the first company in Taiwan to appraise the intangible intellectual property of the performing arts industry such as "scripts". CEO Lin Jiafeng also screened highlights of Story Factory dramas such as "A Man's Secret" and "Three Zhuge Liangs"... at the scene. He said that the idea of ??"appraisal" at the beginning was to increase the company's capital, which would facilitate financing and To expand the market in other regions, the output value will be converted into foreseeable expected value in the future through the subsequent cooperation with financial legal and appraisal institutions. Taking Story Factory as an example, the main items for valuation include performance scripts, work teams, and working environment, and actual past transaction volume and box office data need to be provided as a basis in order to value intangible intellectual property.
Sun Zhili, director of the Taipei Academy of Economics, said, "The value does not lie in its greatness, the value is determined by supply and demand." Therefore, the first condition for appraisal is to clarify the purpose of appraisal, because different purposes will lead to differences. value. Generally speaking, there are two basis for technology evaluation: fair value and investment value. The transaction price when a technology is transferred is the fair value, while the investment value focuses on the commercial value brought by the technology in the future, so it may be lower than the fair value. or higher. The evaluation methods of technology evaluation include cost method, market method, income method and auction method. The most common one is the "market method". This evaluation method uses the same or similar technology in the technology market as the basis, and then evaluates the technology. value is evaluated. In view of the important value of intellectual property in the cultural and creative industries, valuations also need to be relatively cautious.
▲ (Picture left) CEO Lin Jiafeng, founder of Story Factory, said that the idea of ??“appraisal” at the beginning was to increase the company’s capital, making it easier to finance and expand markets in other regions. Therefore, Through the joint cooperation between financial law and appraisal institutions, the output value is transformed into foreseeable expected value in the future. (Picture on the right) Sun Zhili, director of the Taiwan Economic Research Institute, said that "the value does not lie in its greatness, the value is determined by supply and demand." Therefore, the first condition for appraisal is to clarify the purpose of appraisal, because different purposes will produce different results. value. IP licensing is an important issue and infringement and pirated websites are a threat
According to statistics, the monthly mobile Internet traffic used by Taiwanese viewers ranks among the top in Asia, and the habits of Taiwanese viewers have shifted from TV platforms to online platforms. , so the first thing to be affected is the advertising revenue and licensing revenue of TV channels, followed by the most critical online audio and video platforms and piracy websites. Ma Yanhua, senior director of Discovery Content Distribution Department, emphasized that the rampant piracy websites have a great impact on the development of the audio and video industry.
Internet piracy websites refer to the unauthorized placing of valuable content broadcast by channels on online broadcast platforms for free. Piracy websites not only involve infringement issues, but also cause legitimate channels to pay high licensing fees to obtain resource broadcasts, but are unable to obtain reasonable income. dilemma. Director Ma Yanhua also shared actual cases from abroad. Obviously, the problem of piracy is a global problem. In order to combat piracy, in addition to the establishment of laws and regulations of *** units, many businesses also provide consumers with more diverse services through OTT (Over The Top) services. The audio-visual environment improves the shortcomings of traditional media and is also a new choice for the media industry.
▲ (Picture left) Director of Discovery Content Distribution Department Ma Yanhua explains the importance of "authorization" and the seriousness of "piracy and infringement" from the perspective of the television industry. (Picture right) Professor Chen Siting from the Department of Law of National Cheng Kung University explains that "copyright law protects expressions, but does not protect ideas and concepts themselves." Therefore, from a legal point of view, the concept of tribute may still be considered an important matter even if the expression is creative. Making or adapting plagiarized V.S tribute to discuss copyright disputes
In addition to piracy and infringement, many cases of suspected plagiarism are often seen in practice. If the creator puts forward the concept of "tribute" to vindicate himself, plagiarism and There seems to be a twilight zone between tributes that makes it confusing. Associate Professor Chen Siting from the Department of Law at National Cheng Kung University explained that copyright law protects expressions, but does not protect ideas and concepts themselves. From a legal perspective, the concept of tribute, even if the expression is creative, may still be considered a reproduction or adaptation. If Being deemed a modification is equivalent to copyright infringement. He cited the Scream movie series as an example. The movie parodies many movie scenes and is very similar in expression and presentation. In fact, there is controversy over plagiarism.
As the saying goes, there are specialties in the arts. Even in the field of cultural and creative works, different cultural and creative works will have different things to pay attention to. Lawyer Lin Boyan of Liqin International Law Firm explained the copyright of photographic works based on the "aesthetic non-discrimination principle". Basically, as long as the photography has creative conditions, such as decoration, lighting, angle, aperture, focal length, etc., coupled with the aesthetic feeling, it will be protected by the copyright. Copyright protection. However, there is also debate on whether practical photography is original. He suggested that creators collect evidence during the shooting process and preserve the creative process. This not only proves that their photographic works are original after being conceived and presented, but also avoids being criticized. The dilemma of being unable to prove infringement.
▲ (Picture left) Lawyer Lin Boyan from Liqin International Law Firm used the "aesthetic non-discrimination principle" to explain the copyright of photographic works. As long as the composition of the photographic work is original, it will be protected by copyright. (Picture right) Lawyer Zheng Fengdan of CCRE Law Kaohsiung also reminded LINE sticker creators that the images of characters can be better protected through intellectual property rights such as copyrights and trademarks, but to avoid infringement disputes, it is best to preserve the creative process.
Attorney Zheng Fengdan of CCRE Law Kaohsiung Law Firm shared a practical case of "LINE stickers". LINE stickers, which have developed rapidly in recent years, have generated high sales and attracted many creators to design their own stickers. However, the image design of the stickers has caused plagiarism controversy. One way to avoid controversy is to preserve the original creative process. In addition to the 50-year protection of the copyright after the death of the character, the image of the character in the picture can also be registered as a trademark and obtain a 10-year protection period to obtain more complete protection.
▲Exchange and ask questions with the speakers, and there was active interaction on and off stage. From left: Lawyer Zheng Fengdan of CCRE Law Firm in Kaohsiung, Associate Professor Chen Siting of National Cheng Kung University Law Department, Event Program Host Professor Jiang Yaqi of Beijing University of Science and Technology of China, Lawyer Lin Boyan of Liqin International Law Firm, and CEO Lin Jiafeng of Story Factory founder.
Professor Jiang Yaqi, the host of the event plan, said that many cultural and creative workers do not have a legal background, and many legal professionals do not have practical experience in the cultural and creative industry. From September to now, three cultural and creative practice and intellectual property law forums have been planned in the North, Central and South. Each forum ranges from local workshops, campus creative exhibitions to international forums, targeting different cultural and creative industry categories: from literature, audio and video, design, music Entering into different fields such as cultural relics and performances, from legal contracts to the management of intellectual property value, we hope to build a bridge between the cultural and creative industry and intellectual property law, and provide cultural and creative workers with correct and useful legal knowledge. Participants in the three activities included campus cultural and creative teams, practical cultural and creative workers, intellectual property legal scholars, lawyers and judges. The content was rich and substantial. The team also cooperated with Taiwan Intellectual Property Value-Added Operations and Management Center to arrange on-site intellectual property Financial consulting services. We hope that through this series of lectures, we will help creators understand how to protect their creations, and lay down the intellectual and financial knowledge for those in the cultural and creative industry, so that the cultural and creative industry can continue to bloom across Taiwan.