Many artist have
ideas that fuel their desires to succeed The Entertainment Industry is no doubt
a competitive environment. Seeing that this blog is created to review
platforms that help artist jump-start their career in the entertainment
industry, it could be helpful to share current topics regarding Intellectual Property IP. To facilitate the rights of innovations,
IP laws are designed to grant the owner rights. Understanding more about those
rights can empower creative minds.
To gain
competencies in what rights exist, the following podcast were reviewed.
1) Entertainment
Law UPDATE Gordan Firemark
2) “Intellectual
Property Law Podcast Series” by Suffolk University
Deciding
between Patent & Trademark Episode #82
3) “Intellectual
Property Law Podcast Series” by Suffolk University
Intellectual
Property as a currency for Innovation EPISODE #76
Information
downloaded from these podcast can encourage some to invest in their own ideas. Dr.
Cindy Trimm says, “money doesn’t rule the world, thoughts and ideas do.” [1] Attorney,
Gary Ganzy promotes the protection of ideas in his helpful podcast, entitled
Intellectual Property as a Currency. Some of the benefits afforded through
obtaining legal protection include, but are not limited to the following:
·
creators
are encouraged through being granted rights
·
owners
of ideas have the right to exclude
·
owners
have the right to monetize their ideas
·
owners
have the right to practice the innovations
·
owners
have the right to seek justice against infringements
Infringements
occur when someone unlawfully uses the owner’s idea, without prior consent. The
risk of an outside party infringing upon an idea is common. It is important to
seek the right type of permission for the innovation. In the Intellectual
Property Law Podcast Series” by Suffolk University, Episode #82 promotes some
basic considerations to take when making these choices. An innovator has the
choice between seeking permission for copyrights, patents, trademark, and
trademark secrets. Along with the emergence of new technologies, are new ways
to leak trademark secrets, and infringe upon the copyrights of others. An
innovator must take careful considerations of some common concerns.
After
discovering what subject matter is eligible for obtaining protection rights,
being granted the rights of a patent can be a long process. During the wait for
the government’s permission, the owner must enable the public or educate
competitors about the contents of the idea. Contrary to patents, an innovator
can be granted permission for a trademark in a much shorter period of time. The
cost of guarding ideas in secrecy can be costly. Attorney Andrew Beckerman-
Rodau warns about some areas of caution for the protecting of information.
·
when
destroying paper records
·
when
hiring staff to implement then idea
·
when
sharing information on networks, through emails,
·
when
storing on small portable hard drives, and
·
when
replacing computer and disposing of the old unit
Attorney,
Gordon Firemark shares valuable insight on more than 10 law cases in his
podcast. The allegations of infringements occurred from transmission of
information utilizing emerging technologies in 9 of the 10 lawsuits. Lawsuits have been filed against major corporations for video uploading, video sharing, and accessing broadcast areas by internet. When the technology is made available for access to the public, exposure to the risk of litigation occurs. One important
factor that can affect the outcomes of the decisions made are the state in
which the charges are filed. Some states are more supportive of the protection
rights than others.
In summary, it is positive to recognize
the availability to monetized ideas through IP. This can inspire artist to
invest in their dreams of sustaining a successful career. The options are
subject to guidelines. It would benefit the innovator to seek legal advice as
to making the proper choices. Upon receiving that counsel, innovations are a
likely source of funding an artist career. Once the permission has been
granted, careful steps must be taken to safeguard ideas.
Reference:
[1] Palmer,
Gordan, Dr Cindy Trimm Watch ME, published September 12, 2013, http://www.youtube.com/watch?v=EIaDGSJHYX8
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