Intellectual Property, Privacy & Data Protection

For extensive information on intellectual property, copy right and trade marks see World Intellectual Property Organisation.

The World Intellectual Property Organisation defines that the creator of works (= expressed content) and their heirs have certain basic rights. They hold the right to use or authorise others to use the work on agreed terms. The creator can prohibit or authorise:

* its reproduction, as in publications, on Web sites, etc.

* its public performance, as in plays or musicals

* recordings of it, in the form of CD-ROMs, videotapes, etc.

* its translation into other languages or its adaptation

* its broadcasting, by radio, cable or satellite

Copyright in itself does not depend on any official procedures. A created work is considered protected by copyright as soon as it exists.

a) Intellectual Property & sensitive information

The support institution or association will be the owner of information or data, e.g., in the form of contact databases, research reports, training materials, publications, consulting questionnaires, etc. How do you protect this work from being commercially used by other organisations?

$image\tips.gif$ Tip 8 Protecting your intellectual property and sensitive information

ü	Have all staff, consultants and independent contractors signed a confidentiality and invention transfer agreement (see below sample agreement)
ü	Sensitive computer stored information (client lists, price information, donor data, etc.) should be only accessible with passwords. The download of such information to floppy disks or CD-ROM should not be allowed to employees.
ü	Sensitive paper based information (fundraising agreements, financial data, etc.) should be stored in a locker whose keys are in the hands of the executive manager.
ü	Display any trade mark registrations and copy right remarks on all institution literature, presentation slides, Web sites and PR releases (see below examples)
ü	Establish reproduction agreements, license agreements or memoranda of understanding with organisations that want to use some of your intellectual property (see below sample agreement)

Regarding the copy right remarks and trade mark registrations you will have to ensure you understand and comply with the legal framework of your country of location. In principle there are two sorts of copy right remarks:

· one that limits the further use and transfer of the data or material to prior permission by the copy right holder

Example: Copyright “organisation xyz” All rights reserved. No part of this publication/material/product may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise without prior permission in writing form the “organisation xyz”

· one that does not restrict the further use of the data or material as long as full credit is given to the copy right holder

Example: “organisation xyz” encourages readers to translate and reproduce the publication/material/product. Prior permission is not necessary, unless texts, photos and/or artwork are copyright or taken from another publication. The credit line should read “reprinted from xxxxxx, published by the organisation xyz” and the articles should include the author’s name. Please send tow copies of reprinted material to the organisation xyz.

$image\example.gif$ See a sample consultant contract including a confidentiality and invention transfer agreement

Source: AllBusiness.com

$image\example.gif$ See a sample reproduction agreement for organisations that wish to use your materials/publications for commercial purposes.

$image\example.gif$ See a sample memorandum

The institution might also want to use information or data that is the intellectual property of other organisations. What do you need to consider?

$image\tips.gif$ Tip 9 Respecting the intellectual property rights of others

ü	Ask other organisations for explicit permission to use their intellectual property
ü	Cite all external sources used in your literature, Website, PR releases, publications, etc.
ü	Sign license agreements or memoranda of understanding with organisations whose intellectual property you are planning to use

$image\example.gif$ See a sample request for permission for using intellectual property of other organisations.

Source: Allbusiness.com

b) Privacy

· Privacy of donors, clients, supporters and members:

Donors, clients, members and supporters data should be treated confidentially by the institution. Issue a privacy statement on questionnaires, your Website or other vehicles of information collection.

$image\example.gif$ See sample customer privacy statement from American Express Small Business Network.

Source: American Express Small Business Network

The institution should ask donors’, clients’, members’ and supporters’ permission before publishing or delivering any names, contact information and/or kind and amount of support received.