1. What intellectual property arises in relation to content that users upload to the platform?

The principal intellectual property right that arises in content uploaded to the platform is copyright. Copyright law protects the expression of an original idea recorded in a tangible form, such as video content. The copyright owner of content has the the exclusive right to copy, distribute, adapt, display, and perform a creative work, subject to licence(s) that the grant to others in relation to the work.

In some territories, there can also be so-called “Publicity Rights” (sometimes called “Personality Rights”) that may be relevant in the context of video content. The law relating to Publicity Rights protects an individual’s name, image and likeness - eg of an individual appearing in video content, as opposed to the person filming it. If Publicity Rights apply, other people cannot use the rights-holder’s identity for commercial advantage, without the rights-holder’s consent.

Other types of intellectual property such as patents and tradements would not normally be relevant for video content.

2. Who owns the intellectual property in content that users upload to the platform?

The copyright owner in an original work (or at least the first copyright owner) is the person that created the work. In the context of video content, the first copyright owner is the individual that holds the camera and films the footage. Usually we would expect that the user that uploads content to the Folktale platform will be the person that filmed the footage, so they will be the copyright owner. If that’s not the case, the user must have the licence (permission) from the actual copyright owner to upload the content.

Copyright is a property right and, as such, can be transferred or assigned. Assignment of copyright can be specifically contractually agreed - or it can be an automatic process through one part of an ongoing contractual relationship. The most obvious example of that is the employment relationship. Generally speaking an employee who produces a work in the course of their employment automatically assigns that copyright to their employer, so in that context, a user who is an employee and produced video footage in the course of their employment will need their employer’s permission to upload content to Folktale.

If the user is not an employee of relevant Folktale customer entity - for example a field reporter or a guest contributor who a customer requests video story content, the copyright will remain with the user.

3. What are the implications of an individual appearing in video content having Publicity Rights / Personality Rights

If a subject appearing in video content uploaded has and chooses to exercise their Publicity Rights / Personality Rights, they may require the content to be removed from the Folktale platform. If Folktale receives such a request, then it would generally be required to remove the content or, if practicable, agree to edit the person out of the content. To mitigate this risk (and the risk of any other objections from individuals appearing in video content), the user can obtain release forms from the individual(s) who feature in the relevant content, to the extent practicable.

4. What rights does Folktale have in content that users upload to the platform?

Users uploading content to Folktale grant Folktale a licence in that content, such that Folktale is able to operate the platform and provide services. That licence is granted under the “End User Licence Agreement” (aka the ‘EULA’), which users agree to when registering to use Folkate and when they upload content.

If the user is not the copyright holder themselves (eg if they have produced the content but assigned to copyright to their employer or someone else and using it under permission from the copyright owner, then their licence to folktale is one of sublicence.