Author: Hayleigh Bosher

The IP Guide to… Advertising & Marketing

Advertising and marketing are big business. An effective advertising campaign can make the difference for a product between success and failure, so, it’s no surprise that there are a variety of intellectual property (IP) issues involved in this field. The main ones are: copyright; trade marks; design rights; passing off; and protection of confidential information Copyright Copyright law gives basic protection to advertising and marketing work from unauthorised copying. It applies to literary, dramatic, musical or artistic works; sound recordings; films; broadcast and typographical arrangements. Protection arises automatically and requires no registration. The creator of the advertising or marketing...

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The IP Guide to… Visual Art

If you are in business as a visual artist, this guide is for you! The purpose of this guide is to provide businesses and artists with a basic understanding of their intellectual property (IP) rights in order to enhance their chance of business success. Each relevant IP right is considered, as well as their advantages and disadvantages, and pitfalls to watch out for. In this IP Guide, visual arts are deemed to be creations of visual works such as drawings, paintings, photographs, sculptures or print making. The discipline includes fine arts as well as applied or decorative arts and crafts. In...

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The IP Guide to… Film & Video

In the current economy and with the rapid growth of internet use, intellectual property (IP) rights have never been more valuable. However, it has become difficult for online users to even differentiate between legal and illegal films, which is putting those rights at risk. As the well-known film director Peter Jackson told The New York Times: ‘Piracy has the very real potential of tipping movies into becoming an unprofitable industry, especially big event films.’ All IP infringements, particularly copyright infringement in this sector, reduce the income from legitimate sales. If copies of a product, such as a DVD, are made...

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Someone takes a photograph of your fashion design at a trade show without your permission

Someone takes a photograph of your fashion design at a trade show without your permission. Do you have any cause to complain? Copyright will protect your design if it can be considered to be a ‘work of artistic craftsmanship’. There is unfortunately no hard and fast rule governing what will be deemed by the Court to be a ‘work of artistic craftsmanship’ and many fashion designs which have come before the Court have failed the test. By way of example, the Courts on one occasion declined to find that garments, which were shown to sell for £1,000 each and...

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Moral Rights

Moral rights are a special set of rights which belong exclusively to authors of literary, dramatic, musical or artistic works and to the directors of a film.They are designed to protect the artistic sensibilities of such authors. They do not apply to works created during the course of employment. Moral rights cannot be transferred but they can be waived and authors are usually requested to do so. Moral rights give the author and director: The right to be identified as the author (as long as the author or director asserts their rights); The right to prevent or object to the derogatory treatment of their...

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