Protecting Your Intellectual Property
Most people are familiar with the concept of physical property and take the necessary precautions to protect it, such as buying insurance against theft or fire, or consulting advice in how to manage, buy or sell it. There is another type of property that concerns those who are involved in creative activities.
- Literary Rights - A book is an example of intellectual property. We know how to protect an author and his work.
- Trade Secrets Protected - A former employee can cause you a lot of financial damage if they steal your unprotected trade secrets.
- Perdomo Klukosky and Associates are legal professionals at identifying and protecting your intellectual property.
This type of property is called intellectual property, and it is equally important to protect as any tangible property. Perdomo Klukosky and Associates are professionals who have the knowledge and experience to assist in the protection of this valuable property.
First, intellectual property should be defined. Although the term has been in use since as early as 500 BC, when Greek chefs were given exclusive right to the dishes they invented, it encompasses much more today than could have ever been imagined in that time. Examples of this type of property today include:
- Maps, which may be copyrighted
Although this list is not all inclusive, it gives an idea about the type of property; the common element is that it is not always tangible in nature: a creative idea that has value and a need to be protected from misappropriation or misuse. Next, selected examples will be explored.
A facet of Intellectual property law involves the licensing of works of art. This is undertaken when an artist wishes to sell the right to another to use his or her art for the other’s benefit. For instance, an artist paints a magnificent scene of a local city park. The city would like to use this artwork as a part of an advertising campaign for a summer concert series.
The artist would license his or her art to the city for its use. To properly set the conditions and remuneration for the use of the art, it is in the artist’s best interest to consult with Perdomo Klukosky and Associates' NYC Intellectual Property Lawyers because of our experience in these matters.
Design is another example that may include a variety of subcategories. It may include the architectural design of a building, the new and unique design of a widget or the aesthetic design of an object of industry. The design starts as intangible by its creator, and may be made into something that is tangible by another party, to whom the creator wishes to grant a license.
Literary rights and copyrights are sometimes associated, but they can be easily contrasted. An author has literary rights prior to publication. Copyright is the legal right to publish and sell the work, or exclude others from using or displaying it. The manuscript is the author’s until he or she contracts with the publisher. The publisher, generally, will then have the copyright and ability to sell the work.
A similar concern for writers is the submission release. This is a waiver that protects the company to whom the author submits an unsolicited work, in the case the company produces something similar. It is wise for the author to have representation from someone experienced.
Intangible works can be licensed. Just as in the licensing of art outlined in the example above, a person may license any of his or her work for the use of another. For example:
- A software designer may license his or her work to a company for distribution, or to the end user.
- A composer may license his or her works to be performed in a television production. The licensing of a work is simply the granting of right to use the work in a designated manner by the creator of the work. The creator retains authorship; however, the licensee is granted right of use.
While there are many entities involved in the protection of creator’s rights, such as the U.S. Patent and Trademark Office and the U.S. Copyright Office, there is a larger organization that oversees the creative property rights as a whole.
It is the World Intellectual Property Organization (WIPO), an agency of the United Nations created by convention to safeguard the public interest and protect the rights of individuals and their property.
One who engages in the creation of things that are intangible needs to protect his or her intellectual property rights as surely as he or she would protect his or her tangible property. Just as one takes the precaution of depositing money into the bank or valuables into a safe, the creative thoughts and intangible property must be protected by someone who is proficient in that area of law.
Perdomo Klukosky and Associates are knowledgeable and experienced in the field of knowing if your work qualifies as intellectual property, and how to protect it. Please contact us for a legal consultation.