What is the Role of IP in the Media and Entertainment Industry?
Intellectual Property refers to the ownership of any idea or design that is created by an individual. Once an individual creates an idea, whether by writing a book, or creating a design or a piece of music, the ownership of the idea is possessed by that particular person. Different types of intellectual property exist and are covered by different, widely used, forms of easily available and widely used legal protection. The typical forms of legal protection for intellectual property are patents, trademarks, trade secrets, and copyrights.
A patent refers to a legal property right that is awarded to a person for inventing some innovative thing or a new idea. The owner has the right to use, sell, create, import, export, and distribute the invention once a patent has been awarded for the work. Other people cannot use that invention without permission from the patent holder. If anyone uses the invention without the consent of the owner, that will be an illegal activity.
When brand names or logos need to be protected,a trademark is used by various organizations or individuals for their specific goods and services. Some people try to do trademark infringement by using some famous logo by calling it their own.
Although, when a trademark is approved then the likelihood of any dilemma does not happen. Any business cannot use any mark or symbol that looks like another one. If any rights are being violated then you may file a lawsuit against the person who is at fault.
Copyright is used to protect artistic creations such as paintings, films, technical drawings, computer programs, and musical works. When your creative ideas are converted to a musical song or a book or your research has been published then your copyright will be protected. You must get it published which will make it easier for you to safeguard your original work.
A trade secret is a secret related to a business that needs protection from competitors. It differs from a patent in that a patent application must describe the process or invention being protected, and that application is available for public inspection. A trade secret is, by its very concept, kept out of the public eye.
Intellectual Property plays a fundamental role in protecting the creations and work of an individual or business. If IP is not protected, the result will lead to a loss of innovation both by individuals and businesses.
What is the need to protect IP in the media and entertainment industry?
As technology progresses, there has been a transformation in the entertainment industry. In today’s environment, the entertainment industry is vastly more vulnerable and susceptible to infringement. Legal barriers often help safeguard the intellectual property rights of the media and entertainment industry. Some new legal rules have been created that help protect IP.
There are different fields in the media and entertainment sector including movies, radio, OTT platforms like Amazon and others, television serials, and much more. Various people contribute to making this possible, including directors, screenwriters, artists, technicians, actors, and producers who work on scripts, before work gets displayed to the public. All have an interest in protecting their hard work through intellectual property laws.
Considering all the diverse factors ranging from labor and money to intangible things like talent that go into creating an artistic work, it is essential to safeguard the intellectual property rights of the media and entertainment industry. If intellectual rights are safeguarded, then all the innovative ideas of media and entertainment creators are protected. This protection will also enhance the growth and profit of the industry.
IPR in the Film industry
The journey of a movie begins with a script. In the writing of a script, there are IP rights attached. Either a scriptwriter has already written a script he wishes to sell for production, or the producer of the movie will hire a scriptwriter. Either way, a copyright arises in the script, which is protected under the copyright law. The ownership of that copyright will be determined by contract, if the script is purchased for production, and that contract, to a certain extent, is also governed by copyright law. If there is an existing work then the producer will also have to incorporate an option agreement that secures rights to the film in conformity with copyright law.
Other rights need to be protected as well, such as radio rights, publication rights, stage rights, and other rights in the entertainment industry. Careful protection of these rights is essential to avoid any legal complications that may arise. There are purchase agreements as well along with the rights of the screenplay and other rights required to release a movie. All of the protection and contract law for created works is influenced by intellectual property law.
Protected IP rights help secure the funds for producers and the payment for creative talent. In any production, an agreement will be signed. The agreement covers a variety of aspects such as payment for talent, royalties for film distribution and other merchandising rights, and dictates the final version of the movie which is to be disoplayed in movie theatres.
The distribution deal also defines the rights of the filmmaker to change the film in order to ensure distribution.
IPR in filmmaking also involves patent protection, infringement and piracy protection, and protection for the other risks involved in filmmaking. You can seek advice from a Los Angeles Intellectual Property Attorney if your IP rights are being violated, or if you need help in securing rights for a new project or organizing the many agreements that are required to produce a film.
