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“It felt like my heart was being ripped out.”
The first time artist and illustrator Yas Imamura saw her art for sale on unauthorized products online, she was shocked and surprised. Then it happened again. And again. And again.
Intellectual property theft has always been a problem, but it has never affected as many people as it does today. If you’ve taken a photo, recorded a song or written a letter, you’ve likely created a copyright. If you operate a small business, you probably qualify for trademark protection, and if you invent something, you may be able to patent it. But the same tools that make it easy to distribute your work online make it easier than ever to steal.
Intellectual property, or I.P., is everywhere, but almost nobody who is not a lawyer understands how to protect their art, business or inventions. This article is no substitute for real legal advice, but it should give you an idea of what questions you need to ask next. I.P. law is vast, so this will focus on basic terms you’ve probably heard: copyrights, trademarks and patents. Let’s get started.
What is a copyright?
Copyrights protect original artistic works. That includes things like photos, books, movies, songs, paintings, software code, architecture and even the article you are reading right now. Copyrights give their owner the exclusive right to reproduce and profit off the underlying work.
The underlying principle is simple; If you create something original, you get to choose what to do with it. Copyrights are automatic at the time of creation, but you can register with the government to get stronger protections. Confused? Let’s bring in an expert.
“Creators are not required to register their original creative work before copyright exists because rights exist automatically when the work is fixed in some tangible form,” said Tonya Evans, associate dean of academic affairs and professor of law at the University of New Hampshire. “But creators should register it for further protection.”
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