Protecting intellectual property rights are vital to members of the entertainment industry. According to the World Intellectual Property Organization (WIPO), intellectual property can be defined as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.” Intellectual property has four main categories:
- Trade Secrets;
- Trademarks; and
Each of these different categories is unique in character. A trade secret, for example, refers to manufacturing secrets, industrial secrets, and commercial secrets. They include protection for customer lists, formulas, patterns, techniques or processes. A patent, for example, is a special type of protection for inventions. According to the United States Patent and Trademark Office (USPTO), a patent gives a person “the right to exclude others from making, using, offering for sale, selling or importing the invention.” According to the USPTO, a trademark, on the other hand, “is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.” Lastly, the USPTO defines a copyright as “a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.”
For the entertainment world, intellectual property rights are vital. For music artists, movie producers, screenwriters, and graphic designers, among others, the laws surrounding intellectual property are essential for their survival. For example, a music artist must be concerned with their intellectual property rights. This is not only for their music, but for their album artwork, stage name, and concert tour names, among others which are covered under copyright and trademark laws.
Prior to establishing any sort of trademark or copyright, it is important that you contact an experienced intellectual property attorney. The Los Angeles and New York intellectual property attorneys at Abrams Garfinkel Margolis Bergson, LLP have extensive experience in representing clients seeking to protect their intellectual property. The firm assesses a client’s licensing needs; negotiates, drafts and maintains documents such as licensing agreements, nondisclosure agreements, and non-compete agreements; and provides advice in evaluating the manner in which licensees may use a client’s intellectual property. In the event that intellectual property infringements occur, we draft cease and desist communications, advise clients as to their litigation options, and consult with litigation counsel. Finally, we work with clients to evaluate and protect the intellectual property issues in all areas of practice. For more information or to schedule a consultation, call our Los Angeles intellectual property lawyers at 310-300-2900 or for our New York intellectual property lawyers call 212-201-1170.