UNDERSTANDING THE IMPORTANCE OF IP

1 Be clear on your goals

2 Be consistent in your execution

3 Measure impact of your content

4 Don’t be afraid to switch up your strategy and respond to change.

RACHEL FOSTER, AGILE

CAN A BUSINESS THRIVE THROUGH STRENGTH OF PRODUCT/SERVICE ALONE?

Few businesses can survive without advertising and marketing, and those that do tend to already have an established brand that does the heavy lifting for them. Nowadays, marketing activity is a huge spectrum, so businesses are often choosing to advertise in more subtle ways, e.g. influencer strategy, but the likelihood is they’re plugging away behind the scenes.

JAMES NEALE, IDENNA

Perhaps controversially, as a PR consultant, I don’t believe in wall-to-wall coverage as a means to success. It’s entirely possible to achieve your growth goals through carefully targeted messaging, using your network, honing down your specific customer.

RACHEL FOSTER, AGILE

MOST CREATIVES WILL HAVE HEARD THE TERM ‘INTELLECTUAL PROPERTY RIGHTS’, BUT WHAT EXACTLY DOES IT MEAN? AMY RALSTON, A SOLICITOR AT STEPHENS

When does Intellectual Property (IP) arise?

There is a mixture of unregistered and registered rights when it comes to IP rights, including:

• Copyright

• Moral rights

• Trade marks

• Design right

• Artists’ resale right

• Performers’ rights

One of the most prevalent rights when it comes to artistic, dramatic and literary work is copyright. Subject to the work qualifying for copyright protection, copyright arises automatically and ownership automatically vests with the author. Copyright enables the rights-holder to protect against third parties using the work without permission.

A wide range of work may be protected under copyright – from photographs and scripts to software code and artwork. Another key right is “artist resale rights” which affords the creators of original works of art, which include graphic works, paintings, sculptures and collages, the right to a royalty when their work is resold through a qualifying intermediary, such as an auction house or art dealer.

To discuss any of these issues, please email us at enquiries@stephens-scown.co.uk

Importance of agreements

Other than where there is an employee/ employer relationship in place, IP rights do not transfer from the author to another party by virtue of payment.

Where a creative is looking to let others use their work or sell their work, it is important that a comprehensive agreement is put in place to deal with such use.

At Stephens Scown, we have a team of specialist intellectual property lawyers who can advise on protection of IP rights, draft the necessary agreements and assist with enforcement of IP.