What do we mean by the term IP? (i.e., intellectual property).
Intellectual property is someone’s idea for something, whether it be a product, style or name for example. Io give the exact wording, the WIPO who are described as “the global forum for intellectual property (IP) services, policy, information and cooperation” states Intellectual Property as “Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”.
The terms Intellectual property and copyright tend to be used in lieu of each other however they do have some slight differences. To once again quote from an expert Aughton Ainsworth is a UK law firm - “copyright is just a part of the scope of intellectual property, as are trade marks, patents, and designs. Intellectual property (IP) describes a form of property which is the intangible output of the human creative mind…copyright is something that’s automatically granted to the creator of an original work, be that work a piece of literature, art, music, or software. An idea itself is not protected by copyright, but the expression of that idea is.” - https://aughtonainsworth.com/news/differences-between-copyright-and-intellectual-property/
Why do IP rights in the creative industries matter?
Taking into the account all of the above, it is vital to consider both Intellectual Property and Copyright when working in the creative industries, especially when networking frequently as you may absorb someone’s idea without even thinking about it, which can result in legal issues.
Why is copyright important?
Whilst working for an employer, typically any copyright or intellectual property concerns will be dealt with by someone other than yourself (unless you are asked to procure content for a project), however should you instead be freelancing, assuring that your work is protected is vital.
Whether you are updating your portfolio (freelance or no), sending work to clients or simply showing someone for advice, you need to assure that your work is protected under copyright so that it cannot be stolen or misused (design idea stolen, verging into IP rights dispute).
Think about IP rights and your chosen industry discipline – are there any legal disputes that have been well documented in the area?
One of, if not the most famous case of IP rights is Winklevoss twins V Zuckerberg, in which the Winklevoss twins claimed the original idea for Facebook was there own and not Mark Zuckerberg’s. In the film “The Social Network”, which dramatized the story behind the inception of Facebook, also covers the real story behind the legal issues Mark Zuckerberg (Facebook) went under as a result of claims made by the Winklevoss twins who had originally approached Zuckerberg for assistance with their own project – ConnectU.
However, after years of litigation and meetings, Facebook (Zuckerberg) eventually settled for nearly $20 million dollars with ConnectU (Winklevoss twins). Although what appeared to be a small idea between University students at the time, lead to a legal case worth millions and a company now worth billions.
Does IP stifle creativity in the creative industries? My views on IP rights and copyright.
When the topic of IP rights are brought up, discussing whether or not they affect those trying to create new and better products within the creative industries I always look to games controllers. As a massive gamer myself (Gameboy colour, Gameboy SP, 3DS, Xbox, Xbox 360, Playstation 1, 2, and 3, Nintendo 64, Gamecube, Wii, WiiU, Switch) I have seen all there is to offer in the form of game controllers, and despite how similar some are there have been no famous cases in which companies have sued each other for IP or copyright infringement - https://dailyinfographic.com/the-evolution-of-video-game-controllers
Looking at the above image, you can see that over the years developers have definitely taken from each other when creating new controllers, including concepts that possibly could have been patented such as the D-pad, Joystick, layout of buttons. However, this has never happened, and as such we have seen controllers improve and inspire new designs time and time again.
To me, this is a prime example of what a perfect world would be with IP rights. One in which we take inspiration from each other to improve. Unfortunately as it is, with extremely pointless and silly cases of IP rights such as Apple patenting the design for the iPad https://assets.sbnation.com/assets/1701443/USD670286S1.pdf - which overtime people have clearly ignored as the concept for this was ridiculously specific and obtuse. Allowing high level companies to patent something as specific as a rounded rectangle device most definitely does stifle design.
On the other hand, I do understand the importance of wanting to protect one’s work, as there are people out there who will steal ideas or designs for their own benefit. My concern with the system as it stands, is how those who have the capability (financially and legally) to monopolize the field can patent just about what ever they want and seemingly are successful in doing so. The creative minefield of trying to design or conceptualize a product that no one ever has (or at least patented) becomes increasingly more dangerous each day.
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