Do Content Creators Benefit From Intellectual Property Protections?
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Make anything as a content creator, and you will have what is known as intellectual property (IP). Most people think of IP as ‘thought inventions’. This includes innovations, design, and even the name of a company. Every day, thousands of new items appear on the internet, and it is vital to remember that every invention had to begin someplace. However, it is not permissible to take someone else’s creations. When it comes to generating and distributing material, it is important to keep in mind that you could have the same idea as someone else. When it comes to IP, it is crucial to understand attribution and seeking permission.
Are you wondering how content creators benefit from IP protections? This article will explore some of the key considerations to think about before deciding on your IP regime.
What Is Intellectual Property?
The law can protect any IP from illegal usage. Any product can be considered a production, whether it is tangible like a pair of gloves or an idea like a song. Any use of a product without permission or knowledge of the inventor is unauthorised usage. This is because, frequently, the inventor receives no remuneration for this. For example, unauthorised usage could be using original poetry without permission or acknowledgement.
You can divide IP into three main categories. These are:
- patents;
- trade marks; and
- copyright.
Set out below is each form of IP so you can see how it works and how important it is.
Trade Marks
You can use trade marks to protect symbols like:
- names;
- logos;
- signs; and
- slogans.
Trade marks, like patents, safeguard IP by granting the brand and manufacturer exclusive rights to the creation’s replication, distribution, and sale. The process of registering a trade mark is identical to that of registering a patent. However, patents cover inventions, while trade marks cover brands.
Patents
Patents safeguard inventions by granting exclusive rights to an authority, such as the government. These rights safeguard IP by allowing the creator to restrict others from duplicating, distributing, or selling their work without their permission.
For an agency to give you these rights, detailed information about the work, such as technical requirements and return on investment, must be provided to authorities through a patent application.
Copyright
You may utilise copyright to protect literary and creative works like:
- books;
- documents;
- visual creations like photographs and paintings; and
- media productions like films and music tracks.
Copyright safeguards IP by granting the creator rights to the creation’s production, dissemination, and replication. Two examples are an author’s exclusive dissemination of research papers or content creators’ obligation to attribute an art asset such as a font type. When it comes to safeguarding and obtaining authorisation for the use of one’s inventions, copyright is frequently used (for example, by using a track by Rage Against the Machine).
Note that fair use allows for the limited use of inventions without obtaining permission from the copyright owners for reasons such as criticism, commentary, and educational purposes.
What Is the Importance of Intellectual Property Rights?
When you own IP rights, you have the authority to select how people may reproduce and distribute your work. They also enable you to seek damages if your work is misappropriated by others. IP rights provide many protections, for example:
- legal safeguards that help your company stand apart from the competition;
- it guards your company’s branding and marketing strategy from copycats;
- you can use IP to keep your company’s legal dealings confidential, such as partnerships and loans; and
- you can safeguard your company’s name and assets from unauthorised usage by counterfeiters.
Protecting IP improves innovation and competitiveness by reducing the possibility of works being easily duplicated. It also protects the inventor from being disadvantaged when others profit from their work.
Key Takeaways
before deciding whether to obtain IP protection for your content creations, you should consider:
- whether you have copyright, trade mark or patent rights you need to protect;
- what the relevant IP is that you would like to protect; and
- how much money and time you have available to invest in your IP scheme.
If you have any questions about content creators and the benefits they can get from IP and trade mark protection, contact our trade mark lawyers on 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
Yes, the law can protect any intellectual property from illegal usage.
You may utilise copyright to protect literary and creative works like books, documents, visual creations like photographs, paintings, and media productions like films and music tracks.