PHONE CONFERENCE: MR.

LIONEL TAN
Conversation Transcript 18 June 2012 1100hr Mr. Lionel Tan Commercial Litigation, Intellectual Property, Sports & Entertainment
Although these notes, study guides, reports, essays etc are prepared by students themselves, the outline of each set of material originates and is unable to dissociate themselves from the school. Will these then be considered intellectual property of the school or the students? Intellectual property captures the essence of expression. If content is altered significantly, it will be considered a different form of expression (i.e. as long as content is not generated through copying and pasting from original source, copyright regulations are not infringed). Hence, academic materials taking the form of notes, reports, essays, study guides are considered as intellectual property of students. To what extent do the schools able to interfere with our business, and based on what rights? However, the above is only true based on the legal definition and boundaries of intellectual property copyrights. To what extent this definition is subjected to the Terms and Conditions of each and every institution common ones include the prohibition of video recording and reproducing for commercial purposes. We need to read through the Terms and Conditions of Institutions in great detail. Information as such should be available on their official website or student services centre. What kind of permission we need to seek with the IP owner to obtain the rights of distributing his IP? 1. Liscensing 2. Full ownership In the case of licensing, the owner essentially sells us the license to distribute his materials on our website. However, he still holds ownership to the material and is free to distribute his materials at his discretion, e.g. other websites of the same nature. In the case of obtaining full ownership, the owner essentially transfers his ownership of the materials to us. He will not be allowed to distribute the materials at his discretion upon agreement. Lionel recommends Full Ownership. To what extend do you advise us to protect the identity of the owner?

Above is an issue of credits and acknowledgement. We need to decide if the profile of the distributor should be made public his course of study, results etc. If we incorporate this option, we need to be able to verify the information provided. Lionel suggested that we could look into pricing based on credentials. What are some main areas we need to look out for in crafting our Users Terms and Conditions? 1. Highlight the offence of engaging in content reproduction or distribution activities. Should materials be reproduced, offender has breached 1) Users Terms and Conditions 2) actual copyrights infringement. 2. Adopt technology to prevent copying, e.g. disabling the copying functions 3. Copyright notices on every document legal actions will be taken against unauthorized distribution 4. Speling errors or font mismatchment embedded within document to serve to identify our materials should we require charges to be pressed against unauthorised distributors Lawyers fee for drafting Terms and Conditions as such can run into couples of thousands.

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Appendix

PHONE CONFERENCE: MR. LIONEL TAN

18 June 2012 1100hr Mr. Lionel Tan Commercial Litigation, Intellectual Property, Sports & Entertainment
1. Greetings

2. Overview Online platform that allows students to upload their notes, study guides, reports, essays or any academic materials from past modules Students new to the module will be able download these materials to help them in their understanding of the module These academic materials will be charged. Students who upload will be paid accordingly

3. Implications of distributing students intellectual property based on academic content of institutions Although these notes, study guides, reports, essays etc are prepared by students themselves, the outline of the content originate and are unable to dissociate themselves from the school Will these then be considered intellectual property of the school or the students?

4. Ways to circumvent or operate within limits Limit the type of materials shared? i. Materials which contain a significantly larger amount of students contribution

ii. Eg. Reports, essays, presentations rather than notes, mindmaps

5. Other possible complications you foresee a business concept as such might be involved with Effies Comments Ask how long Lionel will be available for the conversation, and then prioritize. To what extent do the schools able to interfere with our business, and based on what rights? If a downloader distributes/shares files he downloaded from our website, without the permission of the IP (intellectual property) owner, what consequences does he face? What kind of permission we need to seek / contract we need to sign with the IP owner to obtain the rights of distributing his IP.