Intellectual property law requires a nuanced understanding of why original works must be protected from unauthorized use and theft. Intellectual property is the backbone of many businesses. Take, for example, proprietary recipes for some of the world’s most popular carbonated beverages.
The need for protecting valuable intellectual property is even more evident in the entertainment industry. The role of the entertainment lawyer is to protect the economic viability of the business enterprise by securing foundational intellectual property.
With the advent of modern technology, computing has revolutionized the realm of every business sector, but none more so than the entertainment industry. It has become increasingly easy to use technology to both access and steal intellectual property. This blog provides information about how an attorney protects your legal rights.
Reasons to Protect Intellectual Property
Before delving into the details, it is important to understand the need for protecting intellectual property (IP) rights. Intellectual property violations occur frequently.
A violation means that an individual or entity has stolen or used the idea, logo, trade secret, etc., or reproduced a copyrighted work and profited from its sale without the express authorization of its owner. The need to protect IP rights is apparent. Intellectual property lawyers are often able to settle IP violations through a demand letter and skillful negotiation.
Sometimes, enforcement of IP protections must be obtained through the court system when a letter is not enough. A qualified intellectual property lawyer have worked with for years has the knowledge to prevent violations of your valuable IP and pursue damages for any unauthorized use.
The Need For Intellectual Property
When a company creates an original product or idea that may be economically profitable, the need to protect intellectual property is apparent. Thus, the need for effective counsel to employ the law also becomes apparent. Intellectual property protection is critical to fostering innovation. Without protection of ideas, businesses and individuals might not reap the economic benefits of their creations. Lack of IP protection would further result in less research and development, as the risk of investing in the creation of innovative ideas or products would be too great if they can ultimately be stolen. A lawyer who is well versed in protecting intellectual property rights can help you obtain IP protection.
The Way an IP Attorney Works
Intellectual property attorneys apply their services in a multitude of ways, the most significant of which is straight-forward protection from IP encroachment and theft. This implies maintaining trademarks, copyrights, and IP licensing agreements. This may also entail defending against illegal or unauthorized use or duplication of the product or idea.
If somebody uses the idea and violates the law, the IP attorney may look for either a cure or payment by the violator. Paying compensation is very important when the violator has unlawfully used the idea as it also sends a message to any future entities who may wish to steal the IP. Thus, protecting intellectual property happens to be the most crucial aspect of many businesses.
The Role of an IP Attorney
As we have described, intellectual property is the backbone of many industries. Thus, hiring an individual to protect against IP violations is imperative. One must act accordingly at the time of discovering a breach.
The attorney generally educates other individuals from the company about the IP protections and what constitutes a violation. This means the company may hire an attorney to inform individuals of the IP protections and notify clients and customers.
If the company wants to expand, protecting the brand name will be imperative to protect the intellectual property.
The Concept of Copyright
Copyrighting is a relatively straightforward way to protect the original work and intellectual property. There are two types of copyright protections. The first is protecting economic rights for commercial purposes.
The other is a moral right, which is a non-economic interest. There are a several forms of artistic creation that result in Intellectual property that can be protected through copyright: These include:
- Dramatizations and plays
- Literary creations
- Music
- Sounds and audio recordings
- Broadcasts journalism
- Manuscripts
The Idea of Patents
A patent gives an owner the legal right to exclude others from using and profiting from an invention for a period of time. When it comes to protecting IP, patents are one of the most influential legal instruments. Anything that is inventive and is used for public purposes may be patented.
The act of patenting can bolster your company’s value because it provides exclusive possessory rights for the patent holder.
Most patents are hidden from the public’s eyes by the World Intellectual Property Organization (WIPO) to avoid unauthorized copying; however, once patented, no one will be able to claim it as their own because you will have a lawful record of ownership for the period the patent covers.
If your business is part of the entertainment industry, you may need an attorney to protect profitable intellectual property. Contact a corporate lawyer at The Hollywood Lawyer for legal assistance.
