Topic: Trade Secrets and Confidentiality

What is Confidential Information?

In order for information to be protected as confidential two conditions must be fulfilled: (a)┬áThe information must have the necessary ‘quality of confidence’. It must not be information, which is in the public domain. With the exception of trivial, immoral and vague information, no restrictions are placed on the subject matter that is protected by the law of confidence. (b)┬áThe information must have been imparted in circumstances importing an obligation of confidence, as for example, where you emphasise that the information is to be kept confidential. If the information does not fulfil the first requirement you cannot make it...

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How can I protect my ideas when meeting prospective clients?

It is important before entering into negotiations with any third parties or prospective clients to be aware of how your work or idea is or might already be protected by the various intellectual property (IP) rights which exist. Confidential information Your ideas may be protected under the law of confidential information. Information about your idea will be considered to be ‘confidential information’ if: it is of a confidential nature: This means that your idea must be non-trivial, have commercial value and not already be public knowledge before you go to any meeting; and it is communicated in confidence: This...

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Development Agreements – What Do They Mean For My Idea?

This briefing note is aimed at prospective creative talent who intend to pursue a career in producing programmes and is intended to inform this audience of the key elements in what is typically the first stage of having a programme idea brought to life- from the proposal of your idea to providing development work under a Development Agreement to further your idea into a potential programme for broadcast. Purpose of a Development Agreement: A Development Agreement is a contract in which it is expressly agreed that you will develop and further your programme idea into something more tangible to...

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Definitions

The Glossary of IP Terms was originally prepared by Sarah Andrew of Arts Council England. Appropriation (1) The first step in the act of theft e.g. ‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’ (1968 Theft Act) (2) An act of cultural practice, e.g. ‘Everyday life invents itself by poaching in countless ways on the property of others.’ (Michel de Certeau, The Practice of Everyday Life, 1984) Assignment Passing on the rights of an author/creator, usually for money, always in writing. Moral rights...

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IP for Freelancers

More and more creatives are working freelance. As a freelancer in any creative field it is vital that you understand your intellectual property rights. One of the most common issues in freelancing is about ownership. Usually, if you create something in the course of employment the creation belongs to the employer (depending on your employment contract of course.) However, as a freelancer this is not the case and you can retain ownership of your work. It is a good idea to set out in an agreement or contract who owns what before you do the work as it is...

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