An Introduction to Intellectual Property Law

What is Intellectual Property Law? Often referred to as IP Law, intellectual property law refers to the ownership of creations, for example ownership of music, artwork, literature, inventions, designs and ideas. These works are the intellectual property of the creator, meaning they own their creation.

Why is this important? It is important because if IP law didn't exist they could be used by others, possibly to make money from someone else's work. It could have financial value so it is only right that the creator is the owner. This means they have to give permission for someone else to use their idea or creation, and are entitled to a percentage of any profit made. Intellectual property law ensures that an idea or creation is protected where necessary.

Businesses and Brands

Amongst the things that come under intellectual property law is a brand or business idea. Simply thinking of an idea means you own that idea, and if someone else steals it they are breaking the law and are likely to have to compensate the creator. That said, it must be proved this has been stolen. The lines can be blurred but, essentially, if you come up with an idea someone else can't use it without your permission. Company logos and branding is also under the ownership of the creator, much like artwork.

Music

If the lyrics, notes or chords of music are written down or recorded then it is officially the copyright of the creator, so they own the rights to it. It can then only be used by others with their permission. This is true whether someone else records it or it is played on the radio, for example. When it is played on the radio the radio station must pay a fee to the copyright owner. If someone else records it a percentage of the sale must go to the copyright owner. This is even the case if someone performs it live and earns money from this.

Artwork

When someone creates a piece of art, whether it is a drawing, painting, sculpture or photograph, then they are the intellectual property owner. It can therefore not be copied (whether redone or another copy made) without the permission of the creator. Payments must also be made where money is made from this. Museum shops often sell posters or postcards of the artwork on display in their museum. Some of the money made from this, though, must go to the copyright owners.

Literature

When someone writes a novel or a poem it is their intellectual property. Again, there must be permission and payment where someone publishes this. Usually publishing rights are sold to one publisher. They will then be able to sell it, whereas other cannot. Copyright does run out seventy years after the creator's death though. Charles Dickens novels, for example, can now be published by anyone and sold without permission or payments given to his estate.

Intellectual property law covers many areas. The above are just some of the most obvious examples. Essentially, any ideas or creations are the intellectual property of the creator and they own the copyright to their work.

Andrew Marshall ©

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Model Release Form: Staying In Control of Your Intellectual Property

What is a Model Release Form?

A model release form is an important tool that can ensure that you, the artist, keep control of your own intellectual property. The model release form is a legally-binding method by which the model -- meaning the person you took a picture of, whether or not that person is affiliated with any modeling agency -- signs over his or her rights to the photograph to you, the photographer. (Again, anyone can be a photographer to use the form; no professional photography career required.)

How does a Model Release Form work?

Intellectual property, by definition, belongs to somebody -- the creator of the intellectual property. By this definition, someone who took a photograph of a tree owns that photograph of a tree. But what if there is a human subject in the photograph?

A lot depends on how you intend to use the work. If you're using a work for commercial purposes, for example, the majority of court decisions hold that it is not lawful to use someone's image without their consent when used as an advertisement (whether or not that person is a celebrity whose likeness is considered to hold commercial value).

If the use is not used for advertisement purposes, the model does not have many hard-and-fast legal claims to the ownership of the photograph. However, because the law is vague, he or she could attempt to convince the courts that you have used that person's likeness for personal gain, or are using the person's celebrity to add value to your work.

When should I use a Model Release Form?

Technically, you are only required to use the form when you are using the work for commercial purposes. But will your intentions when you took the picture always be your intentions?

What happens if someone approaches you and offers to give you a large sum of money in return for a license to use a photo you initially took for a school website? Are you certain you'll be able to track down your model months if not years down the road? And -- just as importantly -- are you sure your model won't smell a profit and refuse to sign the document until you agree to share some of it?

The choice is clear. Having a model release form signed and in your file for any picture you take is the smart choice for any photographer that's serious about his or her intellectual property.

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Intellectual Property Management in Cyberspace

The continuous growth in technology has brought a lot of changes on how things are done. In the search for fast accessibility and ease, mankind has created a new means of connecting things in a so-called web - the Internet. The Internet also known as the cyberspace is a place where everything is coded digitally. From the basic binary codes emerge texts, images, videos, music and other digital media that appear on the computer monitor. Since the Internet was established, many industries have started to transact through the web because it reaches millions of people across the globe. Information can be availed at a low or even no cost at all. Ads and digital media transactions can easily be done.

However, since everything is coded, replications are easily forged. Copies can be indiscriminately produced. Digital media copies are perfect clones of the original thus it is difficult to distinguish which is the original and which is the copy. To protect original authors and regular consumers from the threat of web piracy, several laws like the Digital Millennium Copyright Act was passed.

The DMCA serves as an intellectual property management regulation for digital media and other things traded on the Internet. This law implements two treaties made by the World Intellectual Property Organization also known as WIPO. It penalizes the creation and distribution of technology, gadgets, devices or services that intends to evade procedures such as Digital Rights Management that regulates access to works under copyright. It also prohibits preventing of access control, may there be an infringement or none. The DMCA gives emphases on the penalties for copyright encroachments in the internet.

Digital copyright laws enfold a vast range of people's ingenuity. Many if not all of the unique content that feed e-commerce is under its protection. This covers literary creations and works of art that includes different forms of writings like manuals, educational materials, articles, blogs, e-books and others. It also protects electronic products such as software, computer programs, music, pictures, videos and the like. Basically, this law doesn't only look after the rights of the creators or producers. It also guards the rights of the consumers which are subject to fraud. An innocent buyer may be encouraged to buy pirated products which may in time be restricted for access due to infringement. In such a case the consumer won't be able to get his money back.

Internet users should know intellectual property management laws, may he be a producer or a consumer to protect them from being victims of IP infringements. Cyberspace is as vast as the universe and still continues to expand. As users we should be aware of the pros and cons of its use. It makes our lives faster and easier but sometimes a wrong move can plunge us into hot waters if we do not know what the law allows and prohibits.

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Intellectual Property Law - Semiconductor Sector and International Economic Espionage

Perhaps, you are in the know when it comes to intellectual property law and patent law in the semiconductor industry. If so, then you realize all the ways intellectual property can be torn from your grasp. Each year there are a huge number of very high-profile cases of patent piracy, employees breaking non-compete agreements, and outright espionage. Andy Grove, of Intel once wrote a book "Only the Paranoid Survive" and well when it comes to intellectual property there hangs 100s of millions of dollars in the balance - so, I'd say he's right on the money.

There is a very good book I'd like to recommend to you which will explain exactly what is going on and has been going on in the Semiconductor Sector for years now. This is a book I do own, and have personally sat down with the author and barraged him with questions about the industry. He knows his stuff, so I bought his book and got my autographed copy. The name of the book is:

"Economic Espionage - Checkmate" by Steve Manning, Published by Sneakaboard Press, Green Valley, AZ, (2010), 224 pages, ISBN: 978-0-9844662-3-8.

The author Steve Manning is the founder of Pioneer Semiconductor Company, which is a NASDAQ traded public company. Steve also worked as a consultant at International Technical Marketing. He has devoted himself to a lifetime of learning, and also teaches a class at UCR University of California at Riverside's Palm Desert, CA campus. Steve started out as a US Navy Electronics Technician. Quite frankly to put it bluntly; Steve knows his stuff.

Manning does a brilliant job humanizing, personifying, and personalizing the back door deals of corporate and industrial espionage that goes on behind the scenes. The United States and our greatest creative geniuses, entrepreneurial companies, and most technologically advanced corporations are being ripped off blind. This has been going on for nearly five decades in the semiconductor sector, and it goes on still today.

Indeed, I find Steve's book a wake-up call within a fictional work of intrigue, with spies, good guys, and bad guys. Our national treasures of intellectual property are being stolen nearly as fast as we can create them; and our patent process is making it difficult to find justice, and the cases take far too long to try in court. Meanwhile, the next generation or several others are available making the enter rendering of any potential decision worth less than the paper the judgment was written on.

The competition for innovation in Silicon Valley is like no other, and folks come to the US and homestead in Silicon Valley with ill-intent from the get go, with their job to steal intellectual property and make millions, if not hundreds of millions in the process. America must not be naïve. I'd recommend this book to anyone who wants to peak behind the veil of secrecy in the world of the semiconductor sector or microchip industry. "Double Thumbs Up, Steve Manning, Job Well Done!" Please consider all this.

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Why Should I Use An Intellectual Property Solicitor?

Intellectual property is any creative work such as inventions, literary and artistic works, symbols, names and images used within business and considered to be the property of its creator. Intellectual property rights should be protected under ip law. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights and trade secrets.

IP is divided into two categories - Industrial Property and Copyright.

Industry property includes patents for inventions, trademarks, industrial designs and geographical indications.

Whereas Copyright covers literary works such as novels, poems and plays, films, music, art such as drawings, painting and photos, recordings and performances.

So why should your intellectual property rights be protected?

Intellectual property rights reward creativity and human endeavour. If new technology, a design idea or invention is created it should not be allowed to be copied. Intellectual property rights allow the creator or owner to benefit from their invention.

There are a number of ways to protect your assets.

A patent

A patent is an exclusive right granted for an invention. If a patent is granted for a product that provides a new way of doing something or offers a new technical solution to a problem, then that invention cannot be commercially made, used, distributed or sold without the patent owner's consent. Patent rights are usually upheld in court and protection is granted for a limited period, which is usually 20 years. There are a number of circumstances when it is recommended that a patent is obtained. It is best to seek advice from a solicitor who specialises in this area.

Register your trademark

A trademark can be anything from a distinctive sign to a logo or mark. Trademarks may be one or a combination of words, letters and numerals. They can also be made up of drawings, symbols or signs. Trademark protection ensures that the owners have the exclusive right to use them to identify goods or services. If a business has built up a great reputation, then another comes along with the exact same trademark, it may confuse customers into thinking they are the same organisation. They may not adhere to the same values and cause a negative impact on the existing company, which could have detrimental effects. It is always recommended to register your trademark. An intellectual property solicitor will be able to advice companies on registering trademarks.

Geographical indication and industrial design should also be protected. Any colours, patterns or three dimensional designs used in marketing material should be registered so they cannot be duplicated. Geographical origins ensure customers that the product is from a reputable source, and many companies have built their reputation on this. Therefore, if not adequately protected, this may be misrepresented by competitors.

Copyright

Copyright laws grant authors, artists and other creators protection for their work. Works covered by copyright include, but are not limited to -

Novels Poems Plays Reference works Newspapers Advertisements Computer programs Technical drawings Films Maps Architecture Photographs Drawings Paintings Compositions Dance routines Sculptures

Copyright laws will allow the creator to hold the exclusive rights to their work and can therefore authorise others to use the work on agreed terms. Copyright laws are essential in protecting creativity and ensuring that work is not stolen or copied.

IP solicitors will advise you on how best to protect your creativity or invention. If your company holds an unregistered logo or trademark, or any works that could be copied then we strongly recommend you use an intellectual property solicitor in order to protect your company.

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Intellectual Property Lawyers and How to Tackle IP Litigation

Over recent years IP crime has become a big issue, with controversy arising over issues such as internet piracy. IP infringement is a type of crime that can affect anyone that holds intellectual property rights relating to an idea or creation.

Incidents such as copyright, general infringements, piracy and counterfeiting are all IP crime. Without proper protection for your ideas or creations it can be difficult to take action against the perpetrators of IP crime because legally you have not protected your idea or work, which leaves your intellectual property rights open to abuse.

Getting the proper protection:

Intellectual property lawyers deal with all the variations of IP protection to ensure that the idea, creations, and work of clients have watertight protection. This includes patents, design, copyright, and trademarks, which are the four main variations of IP protection. When you contact a specialist IP lawyer to get your idea or work protected you have the peace of mind that in the event of infringement you have the framework in place to take any necessary action to get the situation resolved, which is what these legal experts specialise in. Your specialist lawyers will be able to pin point the best way of your protecting your creation or idea so that chances of infringement are minimal.

When you have your consultation with the expert lawyer about your IP rights you can find out in more detail what actions you should take if you do find that an infringement has taken place. If you strongly believe that you have already suffered an infringement over your IP rights then legal experts will be able to look at the evidence and make a judgement call as to what the best course of action would be.

Taking action over IP infringement and crime:

In many cases it is better to be able to deal with any conflicts over IP rights outside of the courts, having expert IP lawyers on side will help you be able to do this. They can provide you will different options which may involve negotiating with the other side for a settlement cost or even offering them a chance to take right by a license arrangement. Needless to say it might end up that you have to take a claim before the courts, your expert lawyer will help you take the best course of action through the litigation process. Either way, the support and advice of these legal experts will be invaluable in enabling you to both protect your rights and take action should you need to.

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