IP rights and their importance in the creative industries.
What is Intellectual Property?
Intellectual property is any form of original creation that
can be bought or sold, be that inventions, literary, art work, design, symbols,
names and images used in commerce, it is an asset like a car or a house, it
need to be protected from unauthorised use. Types of intellectual property
protection includes copyrights, design rights, patents, trademarks and registered
design.
Creative industries core relays on art and technology, the professionals
in the creative industries produce innovative creation, they create
intellectual property products such as music, films, games, designs and even
logos they are all need some protection as they are considered an asset with a
market value that could be exploited by unauthorised users or competitors.
Does it stifle
creativity in the creative industries?
It is important
for the inventor to protect their invention considering the cost of inventing
it.
And that is
exactly the case with patents, it gives the inventors years of exclusively managing
their invention to cover the cost and make some profit out of their product
before it enters the public domain.
But is this
always the case?
Sometimes patent
protection can be excessive and could affect creativity, a live example could
be the patents war between Apple and Samsung. Such misuse of the intellectual
property laws allowed the appearance of what is called patent trolls, who get
patents with the goal of suing those who violate them.
The importance
of IP for web development:
In the UK
copyright vests automatically in a work that is original it doesn’t have to be
unique, it must not be copied but must be created as a result of some skill,
labour and judgement, and it should be recorded in writing or otherwise, which
can also include a computer memory.
Therefor any
original content such as design, code, logo, text and images that are included
in a website are automatically copyrighted.
If the web developer
is not the owner of any material that are used in a website, they have to obtain
a license from a copyright owner to use, alter and include these material into
the website.
If a web developer
created a work for his employer, the copyright of that work belongs to the
employer, copyright ownership must be agreed regarding work that is made by
contractors as it would normally belongs to the contractors’ not the client.
