IP rights and their importance in the creative industries.

November 3, 2021

1. Definition of Intelectual property rights ?    

Shortly speaking IP rights are rules which helps protect someone's work by stealing or copying. By work, I mean things like the name of your brands, products. Also, we can protect inventions, look of product and design, in general, things you make or produce, for example, writing, graphic design etc. Types of Intellectual property protection could be copyright, designs, patents or trademarks. However, is good to know some types of IP rights are protected by law automatically but for others, you nee

2. Why IP rights in the creative industries matter?

(Web Development perespective)

Several recent studies report that creative industries have a remarkable impact on economic growth, job creation, and social aspects of life. The creative sector is comprised of enterprises that are professionally involved in creating, producing, and distributing creative products and services. Many of their income streams are derived from intellectual property, therefore, is important to protect IP rights from potential thefts.

Informations realted to IP rights in Scotland: Scottish Enterprise.

Web Development is quite a specific part of creative industries because plenty of work happening behind of scenes by using programming languages, therefore is quite difficult to monitor the code is unique or used from open source. The truth is Developers are responsible for how web app run, and sometimes they use components or frameworks which standardize code. Although is quite important to hire or work with developers who are aware of this fact but they build websites relay on their components and make the final product unique.

Platforms like Github or Codepen allows you to set up a licence for your repository like code or app (Github licence types).

In this point we are going to focus on some elements taken from Web Development that need to be considered according to IP rights: 

  1. Hypertext links are making reference from one website to another website, therefore, is important to know how they work in practice. Although the rules are not clear about this still you should get permission you can use hypertext links to the website. By this kind of routine, you protect yourself and your clients by illegal stealing someone's work.
  2. Framing other websites. By that I mean situation when developers show i small window or frame another web. In this case, there is no doubt we need also permission because displaying someone content is copyright infringement. Be sure you have got permission from the website owner.
  3. Always protect Domain Name which means your company name, domain name, and logo should be registered as trademarks if they meet the right criteria. Trademark registration has some benefits. Furthermore, other companies and businesses will be prohibited from adopting similar or identical straplines, names, logos, or slogans. Trademarks are often treated as badges of authority, so this is of utmost importance. It works to establish your brand as a trustworthy, established one. As a result of registering your trademark, your business name and reputation will be protected against rivals who might attempt to imitate you. To ensure your brand is protected legally, make sure you consult a trademark attorney if you are not familiar with all the steps you need to take.

The above examples present only 'top of the Icberg' of IP rights related to web dev, however, the conclusion which coming is: developers need to possess basic knowledge and also to get support from employers about IP rights. Design is also another part of There may be a difference between what you own and what you have rights to. Your web developer and you will have discussed the details in your initial contract. The terms and conditions of the contract should be reviewed on a regular basis. In particular, be sure to carefully review the property clauses if you use an agency.

Lastly, I would like to cover IP Rights relate to trademarks, logos when you are self-employed and you run freelance. In generally your work is protected even if it was commissioned by a second person, however, if you pass/sold to IP Right too soon else, the right belongs to the person who accesses rights. Therefore the best option is to keep your projects secret unless you make an agreement etc. At this point is good to divide types of protection because is more complex. In the UK we can distinguish to types of protection: 

Types of protection
in UK

3. Does IP stifle creativity in the creative industries?  

The answer to the above question is yes and no. Firstly, I think IP rights protect creativity in some aspects because creators cannot just copy ideas, patents or designs, they need to create new design solutions for the same design problems. However, creators need to go deep inside to process of creation and rely on past creations and knowledge about the type of content that is legally accessible for re-use etc. I see this process as a kind of continuity therefore many courses like Graphic Desing touch on the history of design or techniques which were common in past. We can notice very easily sometimes design trends changing or back, and in the same process, we can notice in Web Design (Neumorphism).

Also I need to agree with Joost Smiers whos says: 

“In consumer  cultures, most pictures, texts, motifs, labels, logos, trade names, designs,  tunes, and even some colours and scents are governed, if not controlled, by …  intellectual property”. The consequences of such monopoly are frightening. Groups dominating the cultural industry disseminate only the artistic works and entertainments to  which they hold copyright. They invest in and promote heavily only a few  star items, and earn income from the spin-offs. Because of high risk levels  and return-on-investment requirements, worldwide marketing campaigns are so  aggressive that all other artistic creations bypass many people’s cultural  awareness. This jeopardises the diversity of artistic expression, which is  essential to democracy.

As we can notice diversity in the creative industry is kept by lawyers and also other creators cannot create something which doesn't meet mainstream conventions. Also is good to mention facts very often at the same time but in different places, developers or designers can get the same ideas or products (flux) because they try to solve the same problems etc. but IP rights secure only rights according to someone register patents etc. I think is quite unfair, because creators don't have the intention to copy another job, they just created a very similar design solution. etc.

Read more about Joost Smiers book.

Sources:

  1. https://www.gov.uk/intellectual-property-an-overview
  2. https://www.wipo.int/copyright/en/creative_industries/
  3. https://www.motocms.com/blog/en/intellectual-property-in-web-development/
  4. https://www.youtube.com/watch?v=AWbcFrtiyRI&t=1s
  5. https://www.designcouncil.org.uk/news-opinion/protect-your-creativity-intellectual-property
  6. https://mondediplo.com/2001/09/10copyright