The world of Intellectual Property (IP) rights is more intense than ever as individuals and companies strive to protect their own creations. It’s illegal to steal, copy, or duplicate someone else’s property, creative ideas, or inventions. But the truth is, many people get inspired by what is around them, which can sometimes lead to problematic copyright issues. That’s why it’s crucial to comprehend the laws and rights of intellectual property.
Unfortunately, there are many misconceptions about intellectual property that may result in making the wrong decisions. Here are some of them.
“If I’m Not Profiting From It or Selling, It Will Be Viewed as Fair Use, Right?
While not selling someone else’s work may reinforce a fair use defense, it doesn’t completely shield you from a copyright claim. A court will consider different factors in deciding if you have violated copyright or not. If you printed duplicates of a famous book and parted with them free of charge, doing so could be found as an infringement. Whichever way you see it, fair use can be determined in different ways.
Posting your film, intellectual art, or story based on a copyrighted work free of charge on the internet may be judged as infringement depending on the amount and substantiality of the portion used. The court will consider all variables to decide if a work can be viewed as fair use. However, in patent law, it doesn’t make a difference if you are selling your work or not. If you reconstruct your own version of somebody’s patented innovation and share it, it is without a doubt infringement.
“An Individual Is Free To Use Anything Available on the Internet”
Many people around the world assume that if something is published on the web, it is available to use freely since it’s in the public space. However, most sites that have incorporated images and texts, are probably subject to copyright protection. As long as something is freely available on the internet, it doesn’t imply it is in the public space. So, entrepreneurs and consumers need to understand that whatever is available on the internet is probably still copyrighted, regardless of whether it doesn’t have the copyright symbol. The exception is if the work is explicitly labeled to be free of copyright.
“Big Corporations Are Trademark Bullies”
One of the most valuable assets for large corporations is their trademarks. They’ve endeavored to build a remarkable brand, and it’s unreasonable (and also unlawful), when others attempt to sell their items under that mark. The law empowers brand name registrants to safeguard their rights, which is why smaller organizations must create their unique trademarks. It’s a considerably less costly proposition, and allows a startup to become well-known in the long run.
“There Is No Reason To Incorporate a Copyright Notice on Your Work or Enroll a Copyright Anymore”
In the past, copyright holders were required to register their work and include a copyright mark in order to be copyrighted. Currently, copyright belongs to you – as far as intellectual property is concerned – regardless of registration or notice. However, registration and notices are still fundamental in enforcing and using your copyright.
For instance, you will be required to enroll your copyright to sue for infringement. You can still demand DMCA takedowns and send cease letters without enlisting your copyright. You are, however, only allowed to collect damages on listed copyrights. Additionally, copyright enrollment is critical in proving that you are the real proprietor of a particular copyright. Notices deter replications while at the same time informing individuals who to contact to license your work.
Take Intellectual Property Seriously
Intellectual property matters generally rule out errors and should be the first concern for every business owner. Every new entrepreneur should consult a trusted intellectual property advisor to help dispel the misconceptions and establish a sound copyright protection system to secure the business or organization’s brand and reputation.