The term intellectual property law, also commonly referred to as “IP law,” is the legal term that refers to the broad property rights given to ideas and inventions. In short, intellectual property laws are the set of laws that protect inventors, artists, and creators.
Owners of these types of property typically have the right to:
Intellectual property law is the set of federal laws that encompass copyright laws, patent laws, and trademark laws. In addition, each state may have its own specific intellectual property laws and codes that provide additional protections. For example, Montana intellectual property law provides additional intellectual property protections within the Montana Code.
Artists, inventors, scientists, and creators, should take measures to ensure that others do not wrongfully profit from their original ideas. They may seek such protections with the United States Patent and Trademark Office by registering their ideas, marks, copyrights, or inventions.
The purpose of intellectual property laws is to encourage new:
Intellectual property protections may include names and logos which are attached to products, inventions, as well as original works of authorship. Because no individual can physically possess intellectual property, the laws which apply to personal property cannot and do not apply to intellectual property.
Because of this, intellectual property laws generally protect the exclusive rights to use or reproduce the intellectual property rather than protecting its possession. In some circumstances, such as with trade secrets, intellectual property laws may also protect secrecy.
Generally, the person who first created or invented something is considered to be the owner of that intellectual property. However, some employers provide in their employment contracts that the employer is the entity that owns whatever the employees create on the job. Additionally, the rights to intellectual property may be given away temporarily by using a licensing agreement, or permanently by transferring ownership to a new party.
A copyright is one type of intellectual property. A trademark is the legal right to prevent others from using an originally authored work. Copyright law is similar to trademark law, which covers logos and brand names, and protects inventions. In order to qualify for copyright protection, the item or work that is to be copyrighted must be an original work, and not a reproduction or copy of property that has already been copyrighted.
According to federal copyright law, a copyright entitles the owner of the copyright to a list of exclusive rights, including:
Some of the most common examples of creative works that a copyright can protect include, but may not be limited to:
Under federal law, an individual receives a copyright to their work automatically once they have “fixed” their original work in a “tangible medium of expression.” For example, once a song has been written or recorded, it will automatically receive some form of copyright protection.
Additionally, the individual must have independently created the work, and not adapted it from something else. The work must then be placed in a sufficiently permanent medium so that others can reproduce, view, and/or communicate it.
Once again, copyright protection becomes available the moment that an author fixes a work in a tangible form, without the author having to do anything else. Once a work has copyright protection, the inventor or creator then may decide who can use their work and for what purposes their work can be used.
Additionally, once the work is protected, no one else can use the work without the creator’s express permission.
Copyright infringement occurs when an individual or entity violates a copyright owner’s exclusive rights, without the express consent of the copyright owner. In addition to the aforementioned exclusive rights, the following are some common examples of copyrights and copyright infringements:
Assignment of copyright occurs when the rights of the copyright owner are transferred to another person or legal entity in exchange for consideration. The most common consideration given for the assignment of a copyright is money.
Thus, assignment of copyright is essentially selling an intellectual property. Further, once the rights to the copyright are transferred, the former copyright owner will no longer possess their exclusive rights or how the assignee utilizes the copyright.
When a copyright is licensed, the copyright owner keeps control over their exclusive rights in a copyright, but also permits another person or legal entity to exercise some of their rights. Once again, a license will be executed with consideration, likely money.
Copyright owners who want to retain control over how their original work is used typically prefer licensing over outright assignment.
In short, it depends. For both assignment and licensing of a copyright, the original copyright owner generally can decide which exclusive rights they transfer.
The most common examples of limits a copyright owner may place on the transfer of a copyright include:
It is important to note that a transfer of a copyright owner’s exclusive rights, which transfers those rights to the transferee alone, must always be in writing in order to be valid. However transfers of nonexclusive rights, may be by either written or oral agreement.
If you are involved in a transfer of a copyright, it is in your best interests to consult an experienced copyright attorney.
An experienced copyright attorney will be able to ensure that you obtain or maintain the rights that you are seeking to obtain or maintain in regards to the copyrighted work. Additionally, should the other party misuse the copyright, an attorney will be able to file a suit against that party and represent you in court.
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