Intellectual property predominately refers to creations of the mind. It’s something original, never thought of before. The creations often require grueling hours of intense focus and the inner workings of the brain, and this is what makes intellectual theft extremely heart-wrenching.
Intellectual thefts plague modern society. People have been victims of having a precious piece of artwork, writing, or innovation stolen away from them.
Usually, there’s nothing victims can do about it, they can only look on as the thief takes all the reward. Although there are avenues like patents to protect against intellectual theft, the process of obtaining patents is so exhaustive that only a limited number of companies are willing to take it on. In addition, there are additional maintenance fees that would continue to be paid. It’s just too long a process.
Yet, creatives are constantly looking for ways to protect their precious creations. We’re sure you have questions and concerns about intellectual property and this article aims to answer them.
What you need to know about Intellectual property
How to protect my creation
Copyright
When you pick a book to read, the second page typically bears a statement forbidding the reproduction of the content of the book without the permission of the author. That’s what copyright does.
A copyright is an exclusive right given to the originator of creative work to reproduce the work for a limited period. Copyright doesn’t exist for the sole purpose of the written works of authors. The works of artists, songwriters, music publishers, composers, software developers, and photographers can also be copyrighted, as long as they are expressed in a medium. This means ideas are not eligible for copyright.
Copyrights protect creative works by ensuring that only the creators have the rights to reproduce, distribute, display, perform, and alter these works.
In Nigeria, all creative works are automatically copyrighted but you can take the extra step to obtain a copyright by completing a registration with the Nigerian Copyright Commission (NCC) either online or physically. Why take the extra step? In the case of infringement, a copyright registration fortifies your case and can result in more money in the form of damages.
Note: Once a copyright is obtained, it doesn’t last forever. The duration is 70 years after the death of the creative. After this, the content can be reproduced.
What happens when there is copyright infringement?
A lawsuit can be filed against the infringer. The court fees and damages would then be paid by the offender if found guilty.
Joint ownership of Intellectual property
In the creative world, collaboration is commonplace. This is termed “Joint ownership of intellectual property”. In joint ownership, intellectual property rights to a particular creation are shared between two or more parties.
Collaboration, while a good thing, can result in one party claiming full ownership of intellectual property to the exclusion of other involved parties.
For instance, everyone has frequently attributed the invention of the light bulb to Thomas Edison but what is widely unknown is that the actual distribution of electricity across the world is due to the involvement of a great inventor called Nickola Tesla.
In producing the electric bulb, Edison noticed a fatal flaw that prevented the distribution of electricity to illuminate homes. Nickola Tesla, being a Serbian immigrant, quickly entered into a partnership with Edison to make some career headway. Edison promised to pay Nickola Tesla $50,000 if he could fix the flaw. Several months of intense work later, Tesla finally fixed the problem but to his dismay, Thomas called the $50,000 a bluff and never paid.
Broken, Tesla left Edison and went to work on his own but he still suffered from the workings and malevolence of Edison’s envy. Edison eventually used Tesla’s invention to foster his dream of illuminating homes with his lightbulb, while giving Nickola Tesla no credit or money for his invention. Years later, Nickola Tesla died lonely and penniless, without ever being attributed with the invention of the generating system that propagates the electricity that lights up our homes today.
Although your reality might be far from that of Nickola Tesla’s, take necessary precautions by entering into a collaboration agreement with your creative partner. Outline specific terms and conditions, what can be done with the creative work, what can’t be done, and more importantly, profit sharing.
Fair use of intellectual property
Here’s a shocker: copyright has its limits. Your creative work can be used without permission from you as the originator but not for what you think. Although your creation can’t be reproduced, it can be used for the purpose of criticism, commentary, teaching, and research.
The concept of fair use is primarily based on the principle that certain uses of copyrighted material are considered fair and do not infringe upon your rights as the copyright holder.
Licensing and Royalties
Licensing and royalties are brought about when a creative gives a third party the right to use their creation for a certain purpose. They play a significant role in the management and monetization of intellectual property.
A classic example of this is when a filmmaker obtains a license to use a popular song in their movie. They go into negotiations with the originator of the song and the agreed royalties (the percentage of revenue generated from the sale of the movie) are documented in a contract.
Conclusion
Extensive knowledge of the scope of intellectual property is necessary for you to safeguard your creation and fuel even more expressions of the creativity lying dormant inside you.
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