Protecting Your Intellectual Property

The types of property are real, personal, intellectual, and virtual. If you run your own business, write, invent, or perform for a living; your biggest asset is your intellectual property. How do you keep it safe? Intellectual property rights, patents, trademarks, and copyrights protect creative works. They also foster a competitive marketplace by encouraging disclosure of innovation (protection for a time, but also the community’s ability to build off others work).


Copyright

Items that are eligible for copyright must be original expression, works of authorship, in a fixed form. Works of authorship include literary works, musical, dramatic, pantomime/choreography, motion pictures, and architectural. You cannot copyright an idea, fact, statistic, formula, short phrase or title. Scenes a faire is a French term (scenes that must be done) that means you cannot copyright a plot. For example check out this attorney’s site.

Trademark

Trademarked items identify a source of goods or services. Titles that become a series may be able to receive a trademark. Trademarks are issued by the US Patent and Trademark Office. A trademark identifies a product and is used in branding among consumers. A trademark will not prevent a product from being copied. A word, name, symbol, or device may be trademarked to distinguish the goods of one manufacturer from another.

Patent

Patents are used to protect articles or processes that are useful. Patents are issued by the US Patent and Trademark Office and are enforceable only within the US. A patent gives the owner right to stop others from utilizing said product or process.

Trade Secret

A trade secret is simply a secret of value. A trade secret is only good as long as you keep your mouth shut.

In this litigious society it is worthwhile to investigate the intellectual property rights that can protect yourself, your business, and your creative works.

Note: When working with an outside source for content, logo creation, or other items considered intellectual property or creative works, be sure to ask about transfer of copyright.