Why One Has To Know To Defend Their Intellectual Property

BusinessLegal

  • Author Henry Ducaine
  • Published October 4, 2011
  • Word count 672

Most people are familiar with the concept of physical property and take the necessary precautions to safeguard it, such as buying insurance against theft or fire, or consulting professionals for advice in how to handle, buy or sell it. There's another type of property that concerns those who are participating in creative activities. This type of property is called intellectual property, and it is equally important to guard as any tangible property. Thankfully, there are professionals who have the knowledge to help in the protection of this valuable property.

First, intellectual property should be identified. Although the term has been in use since around 500 BC, when Greek chefs were given exclusive right to the dishes they invented, it involves a lot more today than what could have ever been imagined during that time. Samples of this kind of property today consist of original written works, inventions, photographs, software, music, art and even maps, which may trade secrets, copyrighted and designs. Even though the list is not all inclusive, it gives an idea concerning the type of property; the common element is that it is intangible in nature: an inventive idea that has value and a need to be protected from misuse and misappropriation. Next, selected illustrations will be explored.

One subject of concern is the licensing of art. This is undertaken whenever an artist desire to sell the right to someone to use his or her art for the other's benefit. For instance, an artist paints a magnificent picture of a local city park. The city might like to utilize this artwork as a part of a marketing campaign for a summer event series. The artist would license his or her art to the city for its use. To set properly the conditions and remuneration for the utilization of the art, it is in the artist's very best interest to consult with an attorney, who is knowledgeable in these aspects.

Design is another example that could include a variety of subcategories. It may consist of the architectural design and style of a building, the new and unique style and design of a widget or the aesthetic design of an object of industry. The design begins as intangible by its inventor, and may be made into one thing, which is concrete by a different event to whom the creator awards license.

Literary rights and copyright are sometimes associated, but they be can be easily contrasted. An author has literary rights prior to publication. Copyright is the legal right to publish and sell their work. The manuscript is the author's until he or she has arrangements with the publisher. The publisher, generally, will likely then have the copyright and power to sell the work. A comparable concern for authors is the submission release. This is a waiver that guards the business to whom the writer sends in an unrequested work, in the case the business creates something identical. It is wise for the author to get representation from someone experienced.

Lastly, intangible works could be licensed. Just as in the licensing of art outlined in the illustration previously mentioned, a person may license his or her work for the utilization of another. A software designer may license his or her work to a company for distribution, or to the end user. A composer may license his or her works to be performed in a TV production. The licensing of a work is basically the granting of right to utilize the work in a designated mode by the inventor of the work. The inventor keeps authorship; nonetheless, the licensee is granted right of use.

One who participates in the invention of things that are intangible must protect his or her intellectual property rights as securely as he or she would guard his or her tangible property. Just as a person usually takes the preventative measure of depositing money into the bank or possessions into a safe, the creative thoughts and intangible property must be guarded by someone who is proficient in that area of law.

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