There is a separate section in the federal and state laws to protect the creative properties of people, which include writings, music, paintings, photography, films, and other art. This body of law is known as the Intellectual Property Law. Under this law, a person can make copyright, trademark, and patent their work in various situations, and each one comes with certain limits and technical rules. Under permission to use creative works, you will only think of the copyright law. However, other factors like trademarks, trade secrets, privacy rights and publicity can also be helpful in certain types of works. Here are the types of intellectual property law explained, that offers the right permissions.
The federal copyright law protects the original creative works of a person, such as writings, paintings, software, architecture, and dance. To get a copyright a work must meet certain conditions to qualify the copyright protection. Depending on the date of publishing, the length of protection can also vary. With the copyright, others cannot claim your work as theirs and cannot use it without your permission.
The trademark law is used to protect the identity of a name. It can be for an art piece, a company, or a book. The brands like Apple, Mircosoft, and Gucci have their names, logos, and slogans trademarked so that other manufacturers cannot use the same name, logo, or slogans to identify their services. Trademark receive a different degree of protection. It depends on the type of service, product, geographic area, and consumer awareness of the brand name.
Federal and state laws protect sensitive information about a business or intellectual property. A confidential marketing plan for a new product is an example of a trade secret. It can be implemented to gain an advantage over the competitors by keeping a new technology or a secret recipe away from them.
Right of Publicity
The right of publicity protects the image of a person. These laws protect a person’s name or image from being used for commercial purposes. Any issue of one’s picture on an advertisement for a product packaging can be solved with the right of publicity laws. One can claim their rights even after their name and image is used without their permission. However, having a notice before the image is published can have more advantages.
Right of Privacy
Right of privacy is not a part of the intellectual property laws, but it preserves the right of all people to keep their privacy. Invasion of privacy can occur when someone used another person’s information, image, or name for publishing or public exploitation. Right to privacy laws prevents one from intruding into another person’s private information. This includes presenting private facts about someone or falsely portraying their image in society.