INTELLECTUAL PROPERTY FOR CREATIVE TYPES
David Thompson
Milchelmores
Awareness of rights
When searching on the internet be aware it could be about US law, which is completely different.
## Benefits of managing IP rights
Preventing third parties from stealing your idea
Allows disputes to be swiftly grasped
Creates a competitive edge, gain market position
Need to unstandardised risks, then move forward
## unregistered trade marks
'Badge of origin' tells the consumer where the items have come from.
'Get-up' like colours that relate' size or shApe, these are unregistered so it's harder to
'Tm' denotes unregistered trademark, money hasn't been spent on marking them, uphill struggle trying to asset them.
## Registered trade marks
Registration fees and process for bigger products something that might take off
Uk trade mark £200-£250 shows your serious about intellectual property
You need a good identity that's individual checking there's nothing else named
Territorial Scope' if your wanting to work over seas
Really use them to fight off third parties from stealing your idea
You need to refresh them after 10years
##Copyright##
Automatics right, you create it as you create.
It's tangible
It's original
Displays a degree of skill
#Copyright-extent
Types of work protected by copyright
Artist, literary, sound recordings and films,
#Copyright ownership
First creator
#Copyright duration
Life of author plus 70 years for artwork
# restricted acts
Allows you to prevent people from copying, making any form of adaptation, or just a substantial part of it. But this depends on the work itself.
#permitted acts
Non commercial research and study when acknowledged is fine
But when pitching to a third party, commercial this is tricky.
Incidental inclusion, if you accidentally include a copyrighted piece of work in a photo when talking a photo of something else.
Pastiche and parody
#can an idea be protected?
You can't protect an idea, component of the idea could be assigned intellectual rights, draw something up,put it into writing.
Moral Rights
What happens to the work that you've created for a partner, third party
Righty of paternity
Right of integrity, stops over people messing around with your work once created. This could breach the contract you've made for them, they may have changed it to something different that you wouldn't have created.
Right not to suffer false attribution, the slap someone's name on it instead of yours
In the terms and conditions is May say 'waves any moral rights' YOU DONT WANT THIS
Design Rights
Unregistered protection
It's fine until there's a problem to asset your rights
Covers functional designs, more industrial out puts mass produced products
Deign right could also protect little details on mass produced products
10/15 year durations in the uk
Registered Designs
Gives a better stance as a small business against the bugger businesses. Can be used for 2d and 3d deigns, 25 year protection
Other IP Rights
Domain names, the contract between you and the domain name provider.
Due Diligence
Do your homework, research google searches, IP registries, UK IPO, Companies House/Whois to search for third party domain names.
Commercial and legal analysis, are the any looming danger issues?!
Best/worst/likely outcomes
Territorial Extent
'Worldwide' protection not the useful, focus on your key markets, which might not be on the uk, get a lawyer involved if so. Budget and markets
Creating and Exploiting Characters
If a TV show sells soft toys from it, copyright on the art work, design rights, trade marks.
Commissioned Works
If there's no agreement, the the first owner will be the creator, joint work like a text can be hard to split means that no one owns .
Even if the commissioner pays money the creator still owns , unless there's an agreement.
Be really upfront with the commissioner, do you just want the bear licensee or a license allows you to agree to change it.
Copyright the first owner is trh creator, but the design rights are owned by the commissioner.
Which means the creator and commissioner own part of the rights. Define before who owns what, and what's the price for it.
Licensing or assigning?
If you work for a company they own the rights. If you want to create something that's an extension of what your doing at work, approach your employer first if you wanted to sell it to your employer.
Default Ownership Positions
Collaborative work, little bit of a Pickle of ownership, probs never work collaboratively it's a bit confusing, or make sensible discussions before on who owns what!!!
Enforcement of Rights
Don't be scared to enforce your rights. Get a clear snap shot of what your rights are, don't get your facts wrong. Then be confrontational. If people are ripping you off.
Letter before action ,
Confidentiality/pitch protection
Google pitch protection letter make sure it's uk!
When pitching if someone uses your ideas, and breach of confidence, try doing some research on the people you'll be pitching to. Cos they might be sharks. Even an agreement might not protect you.
Exploitation The basics
Licensing
Indemnities, you have to say that you haven't ripped anyone off. In the uk, but beyond he uk can you be sure?
If you give a ripper offer a solution it may nip it in the bud, maintain all the paper trails, keep them date them, these are your proof of what you've made.
do get legal advice if needed.
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