Misconceptions about Intellectual Property When an average person hears the word ‘intellectual property’ many people think about patents and inventions, but intellectual property law covers way more than just things that have been physically invented. Intellectual property law oversees the scope of anything that can be imagined into existence. This type of law covers four primary areas of expertise, each with their own statutes and regulations that govern them. The four types of intellectual property law are, patent law, trademark law, copyright law, and trade secret law. There are several common misconceptions that apply to one or all of these, which I will outline below.
Public Domain In the age of the internet and social media, image and content sharing has exploded. It is important to remember that just because an image is online and can be googled does not mean that it is public domain or free to use. Specifically images like logos and other branded items are restricted and can only be used or distributed by the owner of the copyright. If you find yourself in need of images, search for items that fall under creative commons licensing. You can research creative commons and there are several websites devoted entirely to providing creative commons images to content makers.
Independent Contractors Let’s say that you own a company and you need to have some software written or a website designed to help your business grow. You don’t have the specialized skills necessary to make that happen so you hire an independent contractor to do the job. If you’re paying them to create intellectual property for your company, you’re safe, right? Well, yes, but only if you take care to protect your business and your property. It is a good idea, when dealing with an independent contractor, to make sure that you draft the appropriate non-disclosure agreements and privacy contracts that keep your property safe.
Intellectual Property Lawyers You may think that because your company does not invent or produce a product, you don’t need to know about intellectual property law or have a lawyer in your arsenal. This is an incorrect assumption. As we mentioned above, intellectual property law covers a wider range of situations than simply for products or inventions. Whether you need to protect the next big technological
advancement, your top secret cookie recipe, or exclusive web content, or your company logo, an attorney can help you do all of that and more. Whether your ‘invention’ can be patented or not, it is important that you know what needs to be done to protect your creative endeavors. Do you research and find a reputable attorney in your area and take some time to sit down with them and discuss how intellectual property law applies to your goods, services, and your company. If you are looking for an intellectual property lawyer in Utah, Kirton McConkie can help. Call us, visit our website, or stop by our offices today to set up an appointment. We are happy to answer your questions and help you defend your creative property. Photo Credit: kay82 , creationc