This article explores the challenges of protecting intellectual property, particularly copyright, in the creative world. It uses examples to illustrate how copyright infringement can occur, even in seemingly legal activities like selling CDs.
Getting ripped off is never fun. But for most people this means funky charges on your credit card, or coming home to find your TV missing. As lousy as those situations are, society has some fairly efficient ways to deal with them. We call the cops. But if you own a good deal of what we call “ Intellectual Property ”, or IP for short, protecting it is neither easy, nor expedient (especially in the age ofthough this isn't what this story is about).
This is something I have come to learn the hard way. But before I share my own sordid mess, it’s a good idea to first understand the problems we face as creatives.The term IP can cover a wide range of items. What it generally doesn’t include are actual hold-in-your-hands items or products. Let’s start with the definition from the Oxford Dictionary: “A work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.” In the creative realms we rely on the “copyright” to protect our works. Patents are designed for “inventions”, and Trademarks are both names and visual iconography used to identify a company or brand. We will only be discussing the Copyright for creative works here.If you are still a bit confused, I don’t blame you. Remember that scene in Pulp Fiction discussing what’s legal in Amsterdam? Here’s an example of copyright that sounds a lot like that: Let’s say someone starts selling a CD to the public. Of course the CD has some stuff on it, that’s what people are actually buying. But while it is legal to sell a CD, it is not legal to sell the content on that CD if the person selling that CD doesn’t own the IP on that material. Further, even if they own the content, if they use images on the CD’s inserts that do not belong to them, that is also IP theft, and illega
INTELLECTUAL PROPERTY COPYRIGHT CREATIVE WORKS IP THEFT LAW
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