Hello Unicorn Founder,
Suppose you create a new musical content and you discover that two years down the line a highly visible individual or company, i.e. the big sharks on Instagram, use your work of art for one of their commercials and this suddenly goes viral with the big sharks gaining real time coins from your musical initiative. Of course, you will be agitated. Not only have these folks used your masterpiece, they have now begun to make real time coins from your genius work product. All things being equal, you want to ensure these folks give an account of all monies made as well as cease and desist from using your masterpiece without your consent. Yeah, this is where intellectual property (IP) protection comes in.
In straight up terms, IP is a set of legal rights that protect your creative work from being used without your consent. This means you get to call the shots on who can use your IP, see it, reproduce it, sell it, display it, and what have you. This invariably means that should a person use your innovation without your consent, you can decide to pursue an appropriate remedy in view of such breach of your intellectual property rights.
As creatives, i.e. a content creator, artist, NFT creator, music artiste, actor, music writer, pianist, painter, scriptwriter, author, abstract idealist, sculptor, entrepreneur, or what have you – your creativity is your currency, but it’s not all about brush strokes, playing of chords, documentation and creation of ideas, another level to these things is protecting and even commercializing what you create. The first level here, one that we are about to explore is how your intellectual property can be protected.
In this piece, we explore what makes up an intellectual property, what types of IP that we have and the protective devices available to protect your genius inspirations and creations as an innovative person. We get to explore all that wisdom on how to protect your artwork and content online, should you also desire to know what to do if your work is stolen, and how to ensure your contracts protect your art/work product, read on to know how to go about this.
IP
Every so often referred to as “IP”, intellectual property is an intangible interest or right of ownership (or possession, or use, etc.) or force field that protects your innovation. Intellectual property is an abstract ownership of an intangible estate and products of human inspirations. The legal world has adopted this terminology to encompass what is popularly regarded as ideas, inventions, designs, and art. For creatives, artists, entrepreneurs and even tech bros and sis’, IP is the heart of your work, and it is protected by law through devices such as copyrights, patents, NDAs, IP protective agreements and trademarks. For those who are serious about their craft, understanding intellectual property rights is really a non-negotiable.
So let’s dive into how you can secure your rights and interests in your genius creations, shall we?
IP Protection for Creatives and Entrepreneurs
The following are some of the devices deployed by creatives and entrepreneurs who are serious about their craft. It is important to take note that each IP protective device offers a different kind of protection to wit:
Trademarks
Trademarks are legal devices employed to protect your unique brand. Every single human on earth has a unique expression endowed by God. It is a smart innovator/ entrepreneur that protects such valuable (and trademark-able) expressions via legal trademarks. Many A-list stars and entrepreneurs trademark their personal names, company slogans, brand names etc. so as to legally differentiate it from all other products of its kind. Commercial entities use a trademark (the symbol is ™) for a word, logo, phrase or unique symbol that represent products or services that they provide. Trademarks establish commercial differentiation just like the Coca-Cola and Nike logos mark out the brands.
Copyrights
If you are an artiste, artist, photographer, musician, singer, music composer, programmer, please clean your lenses and get in here. This form of IP protective device called copyright is the most applicable to the kind of work that you produce. Copyrighting your creative work product protects your intellectual property from being exploited by another party without your consent. Please note that although you cannot copyright an unexpressed or undocumented raw idea, just about anything else can be copyrighted: software programs, photos, paintings, books, films, musical compositions, and video content etc. Copyright laws are designed to protect the creativity and effort you put into developing the product of an original idea.
The moment you create something, you automatically hold the copyright to it. Kindly endeavor to use the copyright symbol which is a typographical mark consisting of the letter C enclosed in a circle © on your copies. The purpose of the symbol is to show that an IP is copyrighted. Please note that although you immediately own the right of copy on your written or documented works, once you create the same, registering your copyright can be of added advantage.
Patents
Next up are patents! Patents protect novel and useful inventions, improvements on inventions or discoveries. So if you have discovered a new device, tool, recipe, production process, machine, or an upgrade to an existing invention, a patent may be the best route to protect such IP. Kindly take note that there are certain statutory requirements that an innovator must meet to be able to obtain a patent for a groundbreaking discovery or novel improvement on existing patented innovations.
NDAs and Technology Assignment Devices
Employers, creatives and entrepreneurs, get in here! Only you understand how much what you have built over the years is critical to your company’s success particularly in defending itself in the marketplace. If you are working on a project that is still under wraps, an NDA (hereinafter defined) can help ensure that your work is not leaked prematurely. Should you have a confidential information that provides a competitive advantage, such as a code, customer lists, trade secret or marketing strategy etc., you want to ensure that you disclose such discriminately after issuing an NDA with a proposed recipient. A non-disclosure agreement (NDA) can prove to be a useful tool that preserves the confidentiality and secrecy of sensitive information.
Very importantly also, employers and hirers of talents and services, kindly note that it is of utmost importance that you assign to your company all work for hire by contractors, all MVPs, tech, software, and all products of employees designed or created during the course of working with you. It is also very advisable to employ the right IP protection clause tailored to the facts of each commercial arrangement that involves the production of an IP. This will definitely keep potential legal battles at bay should any unscrupulous entity become embittered –desiring to hijack products or technologies made for your business venture. NDAs can bind recipients of the same to ensure that such disclosed proprietary information is not misused or disclosed without the consent of the discloser.
What to Do if Your Work is Stolen
If you discover that your artwork is stolen or appropriate against your discretion, we are happy to advise and guide you on next steps. Kindly schedule a call with us via: (get in touch).
Are Your IP Contracts Airtight
Are you on the verge of signing a contract that involves your artwork or innovative work product, it is advisable to review such documents to make sure the terms are airtight and your IP rights are protected. When in doubt, it is always wise to seek legal advice. We are happy to advise and guide you on next steps. Kindly schedule a call with us via: (get in touch).
Bottom-line
Intellectual property protection is essential for artists and creatives to safeguard their creations, preserve economic value, prevent infringement, encourage innovation, build reputation and brand identity, secure collaborations, and expand into new markets. By understanding and leveraging IP rights effectively, artists and creatives can fully realize the potential of their talents and contributions to society.
It is those who have been able to discern the value of their craft that diligently go the extra mile to ensure it is protected. Please note that each type of intellectual property protection serves a different purpose and protects a different aspect of your work. The key is to figure out which ones work for your work product.
If you’re interested in learning more about intellectual property and protecting your artwork, kindly reach out to our team via the details below:
About the Author
Taiwo Lawal Esq. is a corporate and transactional lawyer. With about half a decade’s experience servicing startups (including on transactions regarding intellectual property rights), she is the founder of Unicorn Valley Law, doing what she loves the most- providing bespoke advisory from the “well of water” within her.
Taiwo is happy to read from you and provide bespoke solutions to your startup’s legal and commercial needs. Kindly write her via hello@unicornvalleylaw.com or schedule a call via calendly here: (get in touch).
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