The term intellectual property, or “IP,” refers to considerably broad property rights that are vested in the intangible. Owners of these types of property have the right:
- To possess it;
- To prevent other individuals from possessing it; and
- To preserve its integrity.
These rights form the basis of intellectual property laws against:
- Theft;
- Trespass; and
- Vandalism.
Intellectual property law includes copyright laws, patent laws, and trademark laws, all of which will be further discussed below. Additionally, each state may have its own specific intellectual property laws and codes. An example of this would be how Montana intellectual property law is specifically addressed in the Montana Code Annotated.
As an artist, inventor, scientist, or creator, you should do what you can in order to ensure that others do not wrongfully profit from their original ideas. This can be done through the legal system which provides some privileges and protections for owners and inventors of property through intellectual property laws.
The purpose of intellectual property laws is largely to encourage new:
- Ideas;
- Technologies;
- Artistic creativity; and
- Inventions for economic growth, with the confidence that their creative work and ideas will be protected.
Intellectual property laws protect entities that do not have a physical form. This may include names and logos which are attached to products, inventions, and original works of authorship. Because no individual can physically possess such things, the laws which apply to personal property cannot and do not apply to intellectual property. Because of this issue, intellectual property laws generally protect the exclusive rights to use or reproduce the intellectual property, rather than its actual possession. Intellectual property laws may also protect secrecy in specific circumstances.
In general, the individual who first created or invented something is the owner of the intellectual property. However, some employers state in their employment contracts that the employer owns what the employees create on the job. Additionally, the rights to intellectual property may be given away temporarily by using a licensing agreement.
Some examples of the different aspects of intellectual property law include:
- Copyrights: If a person is a visual artist, musician, or writer, copyright laws protect their creative works. Copyright law prevents others from using or stealing a person’s work for profit of their own;
- Patents: If a person has an idea or invention that is unique and new, it is important to protect their idea or invention with a patent which is issued by the U.S Patent and Trademark Office;
- Trade Secrets: If a person owns a business and their business has confidential information that they do not want to be shared to the public or other competitors, there are many nondisclosure agreements and non-compete agreements intended to protect a person’s business secrets; and
- Trademarks: If a person has a business brand, name, or logo and they wish to use it as their company’s trademark, they will need to protect the business’ brand from copycats. Registering a company or business name or logo makes it easier to prevent stealing the image and violating the laws of unfair competition.
What Is The Public Domain?
The public domain is a catalog of all artistic, literary, and musical works that are not protected under copyright or intellectual property laws. As such, they can be used, distributed, and/or produced by any person. Common examples of public domain works include:
- Shakespeare plays;
- The King James version of the Bible; and
- Certain works of Sir Isaac Newton.
Works become public domain if:
- The copyright has expired;
- The work is unable to be copyrighted, such as certain mathematical formulas; and/or
- A copyright never existed for the particular work.
Expiration dates for copyrights generally depend on the type of work that is being copyrighted. For musical works, copyrights last 28 years; however, they can be renewed for another 47 years, for a total of 75 years of copyright protection. Patents generally last 20 years, while trademarks generally last 10 years and can be renewed.
Can Someone Be Sued For Using Public Domain Works?
Because public domain works belong to the “public”, no one can claim their exclusive use and as such, it is not common for someone to be sued for using public domain works. Alternatively, it is common for people to create original works of art that are based on works that exist in the public domain.
An example of this would be how a re-working of a public domain song can be copyrighted, as long as it constitutes an entirely new work of art. The newly created song is protected if copyrighted, and cannot be used without the owner’s permission.
Lawsuits for intellectual property lawsuits generally involve similar legal penalties, including:
- Civil fines for damages;
- Criminal fines for statutory violations; and
- Confiscation of any unauthorized materials.
What Is Intellectual Property Theft, And What Are The Penalties For Intellectual Property Infringement?
To reiterate, intellectual property is any material or idea that is protected by law. This type of property may include:
- Client lists;
- Poems;
- Mechanical inventions; and
- Logos.
Intellectual property theft occurs when a person knowingly does any of the following to property which is protected under intellectual property laws:
- Takes;
- Uses;
- Misappropriates; and/or
- Otherwise steals.
Because there are different types of intellectual property, there are also many variations of intellectual property theft. An example of intellectual property theft would be when a person knowingly copies the logo of a company and uses it on their own items, without the other company’s consent to do so.
When intellectual property has been infringed, the owner may seek damages against the infringer who has violated that intellectual property. Damages may include any:
- Lost profits;
- Punitive damages; and/or
- Statutory damages.
Some types of infringement may also incur criminal fines, or require the confiscation of any and all infringing goods. An infringement lawsuit may be filed associated with intellectual property, which is protected under state or federal laws.
People who should be particularly concerned about intellectual property theft and/or infringement include:
- Creative Employees: This includes employees whose job descriptions require them to make new creative works, such as writers, graphic designers, etc. These people should be aware of the fact that their employer generally owns the copyright on any works that they produce in the scope of their employment.
- While this rule does not apply to independent contractors, it is always advisable for an independent contractor and those hiring them to draft an agreement about who will own the IP rights in the work that the contractor was hired to create;
- Employees In High-Tech Industries: Numerous lawsuits have initiated when an engineer moves from one company to another, and takes trade secrets with them; and
- Employers: As was previously noted, there may be some confusion regarding who owns a creative work when it is produced in the course of employment. Employers who wish to retain the intellectual property rights to works created by their employees in their scope of employment should be aware of such issues.
Do I Need A Lawyer For Help With Public Domain Lawsuits?
You should consult with an intellectual property lawyer if you have any questions about copyrights, patents, or trademarks.
Your attorney can help you obtain protection for your work, inform you of your legal rights and options. Additionally, an attorney will also be able to represent you in court, as needed, should any legal issues arise.
