IP Explained

Intellectual Property (IP) is any creative product of the mind. These products include literary, musical, dramatic, pantomime, choreographic, pictorial, graphic, sculptural, architectural works, motion pictures, and sound recordings. Being the creator of any of these products gives you the right to register and own a copyright for those works. Having copyrights is essential because it is how an individual can profit from the creativity unique to their own mind. Copyright owners have 6 exclusive rights concerning their work: reproduction, preparation of derivative works, public distribution, public performance, public display, and public digital performances of sound recordings.

Simply thinking of or creating something, does not guarantee your intellectual property rights. You must file for a copyright. Without a copyright, no lawsuit can be maintained. To get a copyright there you must submit an application to the copyright office, deposit copies of work, and pay a $45 application fee. Once you have a copyright, your intellectual property is under your control (unless you sell/requish your rights) for the rest of your life and 70 years after your death.

The violation of copyrights or the stealing of intellectual property is called “Infringement.” In its most literal sense infringement is when someone else violates one or more of the exclusive rights held by a copyright owner. While copyrights are extremely important in protecting your intellectual property, there are some exceptions to your authority over your content called “Fair Use” allowances. Fair Use allowances are 4 factors that a court of law will look at when determining if using another’s copyrighted material without permission is fair or an infringement. 

These factors are:

1. Why and for what purposes the work was used without permission
2. The nature of the copyrighted work
3. How much and what portion of copyrighted work was used without permission
4. The effect the unauthorized use had on the copyrighted work’s market value

If you believe your copyrights have been infringed, you are entitled to take legal action against the violator. In a legal proceeding, the violator may be ordered to stop copying by a court, pay monetary damages, or even face criminal penalties resulting in jail time.