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Protecting your intellectual property


IT'S a question that anyone working in a creative industry will have grappled with: how can I be sure that other people won’t take advantage of my work?


The issue of intellectual property rights is a wide ranging and thorny one. Copyright violations play a key part in the ongoing trade dispute between the US and China; tattoo artists have sued fi lm studios and video games manufacturers over their use of celebrity ink (the creator of Mike Tyson’s face tattoo settled with Warner Bros. over its use in The Hangover movies, for example); and in the world of furniture making, bespoke designs frequently ‘inspire’ similar items.


Today, with technological innovations such as 3D printing becoming common, it is harder than ever to ensure that your work remains your own. And while it is said that imitation is the sincerest form of fl attery, most craftspeople would prefer their work to be admired rather than copied.


So how best to make sure that your hard work benefi ts you rather than rivals and pirates?


In theory there are plenty of protections. In the UK, intellectual property applies to ‘something unique that you physically create’, and the good news for self- employed designers is that you will usually own the rights to anything you produce, even if it is commissioned by someone else.


Copyright and design right apply automatically, but you can also apply to register a design, a trademark or a patent.


On paper the copyright situation appears positive. In 2016 the UK extended the copyright for industrial design – in other words, 3D items – from 25 years after an item is fi rst marketed to 70 years from the death of the creator.


Meanwhile, design right ensures automatic


protection for any designs for 10 years


from the time it is sold or 15 years after its creation – whichever is


earliest.


Despite having these automatic protections,


it is important to be prepared and have documentation and proof that your work is your own. It is worth treating intellectual property as you would your tax return – it might not be fun to deal with, but it is necessary.


To that end, keep records of commissions, phone calls and emails and fi le away your drafts and designs. Maintaining a log of your work is also worthwhile.


Some designers put money aside just in case, to pay for legal advice or help in a dispute. Hopefully the fund will remain untouched, but it off ers peace of mind and means that they know they will be able to fi ght their corner if necessary.


Types of protection:


- Copyright Copyright applies to written, dramatic, musical and artistic work until 70 years after the author’s death. But while copyright applies to all 2D works of art, designers of 3D items must prove their product is one of ‘artistic craftsmanship’, and unfortunately there is no set defi nition for this.


As rights management organisation DACS warns: "Whether an artwork demonstrates artistry or not is subjective. The fact that an item is created by an artist does not, in itself, confer the quality of artistry on an item. Equally, mere aesthetic appeal is not suffi cient. For instance, items of furniture such as sofas and chairs, though they display craftsmanship and are intended to appeal to the purchasing public, are not


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