David Riley on why copyright and licensing matters
Standards New Zealand’s role goes beyond developing and providing access to standards, we are also kaitiaki of the content - managing copyright and licensing content to enable new and innovative ways to use it. Our copyright expert David Riley tells us more about copyright and why that matters.
David Riley, Senior Advisor Copyright and Licensing
Experiences in TV copyright and licensing
David’s background in copyright and licensing lies heavily in commercial TV rights and negotiating agreements for content and programmes to be sold around the world. ‘I spent a couple of decades in the UK managing the rights for major channels including the BBC and ITV. My time was spent ensuring all programmes produced and sold by BBC were contractually able to be sold, that the rights were in place.
‘Copyright and programmes can be complex as you need to negotiate between any users or purchasers of programmed material and factor in how the individual components and contributions that make up that content need protection and also how to calculate the appropriate compensation to contributors. Programmes are the collective output of many individuals' works; the musicians and their soundtracks, the actors, writers and any stills and footage included in the final programme. It’s not just protecting the finished product, but ensuring legal protections are clear and adhered to for all the collective elements that make up that programme. It’s like standards, we don’t just protect the finished document but all the individual components within – tables, diagrams, and copy.’
National treasures
Prior to joining Standards New Zealand David worked at Te Papa, Wellington’s national museum. Here he licensed content and intellectual property associated with their collections. This included many books and imagery, artworks by Bill Hammond, Robin White, and the Colin McCahon Trust. 'There are important cultural requirements associated with Māori imagery which required seeking permission by Iwi for reproductions. Again, a very different application of copyright, bringing protection and enablement of content.'
David reflects on some of the diverse topics his copyright work has related to. ‘Highlights of my work have included providing filming rights for a Japanese company covering the colossal squid in Te Papa’s collection, an image for rock band U2, digitisation of some footage that had not been seen for over 70 years and sourcing hundreds of terracotta models from the same region as the famous terracotta armies of Qin Shi Huang, the first emperor of China.’
Enabling the use of Standards content
‘So while my time here at Standards New Zealand is unlikely to feature work with U2, famous BBC celebrities, large squids or famous artworks, much of the work is similar, around protecting and enabling the content of standards.
‘I license our intellectual property into all sorts of things for organisations that want to create collateral based on standards; district plans, digital products, for training sessions and materials, for publications and books, promotional materials or diaries or scientific journals and articles.’
Why copyright protection matters
‘Standards are something that's been created with much investment from contributors. Once something is created, copyright exists and you could be breaking the law without approvals and permissions. If someone else has breached copyright and you use that, you are still as liable for breaching copyright.
‘There’s also a legitimate health and safety concern where content has been replicated but has not gone through us for a license. If using guidance, measurements or advice in standards how can you be sure the information you are using is accurate, current, or unadulterated?
‘We want to work with organisations to help enable the use of standards content and to ensure standards content is used in the right way. We encourage innovative ways to allows standards content to be shared more widely so compliance can be adhered to or people can enjoy better practice – this will become even more important with the growth of AI and digital products.
‘We currently provide licenses for many innovative organisations that integrate licensed content into automated processes, services and digital products. We have provided licenses to organisations developing AI products that incorporate standards content to improve searchability for tradies, another is creating a digital tool that uses the bracing components from NZS 3604, there’s a law firm who use standards integrated into automated contracts that save consumers time and thus money. This is smart as they all have a unique competitive service or product that promotes and uses standards, their customers know their service is legitimate and the content of standards is utilised in a way that is more accessible and easier to use. We would love to see more utilising of content.
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