Intellectual Property Rights For Artists

Do you know all your rights? Marlene Naumann looks at intellectual property and protecting your rights as an artist.

As an artist, you will have created numerous original works and probably sold some for a handsome price.

But did you know the value of your work may also be enhanced by potentially lucrative ‘intellectual property’ rights?

To make the most of your portfolio, it’s essential to think smart and ensure you are maximising all your property rights.

What is intellectual property?

Intellectual property is an intangible form of property which the law recognises has a real value and which you should be able to sell, or licence, as though it were physical property.

It exists in many different forms, but as an artist you are most likely to come across it in the guise of copyright, trade marks and design rights.

Copyright will exist in a wide range of work such as literature, artistic works, music, broadcasts and even software code. Therefore, if you are the author of any of these, you will own copyright in such materials. Even a simple and prosaic work (such as this article!) will be protected by copyright.

A trade mark is a sign that is capable of being graphically depicted and which typically consists of a word, slogan, device or logo. Trade marks are used commercially to differentiate the goods and services provided by one organisation from those of a competitor. It is effectively a badge of origin and quality.

‘Design right’ is a less well-known form of intellectual property. It exists in original designs of the shape, or configuration, of a product. If you design textiles, wall paper, or items such as chairs, trays, furniture, or kitchen utensils, you are likely to own design rights in these.

Protecting your rights

The best way to protect your intellectual property rights depends on the type of work. It may be that more than one right exists in a piece of work.

In the UK, some rights are best protected via a registration process. You can file an application to register a trade mark or a design right with the UK Intellectual Property Office, which will assess whether or not registration is appropriate.

The benefit of registering your rights is that you will be able to enforce them easily and prevent others from recreating or copying your work without permission.

The exception is copyright. There is no registration process for copyright. Authors may demonstrate their ownership of copyright by placing a © symbol on their work. Enforcement depends not on registered details, but on factually proving that you were the original author and did not create the work in the course of employment – in which case, your employer will own the copyright.

In the event that you are not able to register a right (and there may be various technical reasons in law for this), you may still own unregistered rights, which can still be enforced against third parties.

In most cases the advantage of protecting your rights through registration is that you gain monopoly rights in that work.

In addition, you can create a valuable asset which can be sold or licensed to others, or used as security for a loan. Intellectual property rights are often considered so valuable that they generally make it into a company’s asset register.

Awareness

Effective identification, protection and exploitation of your intellectual property is becoming increasingly important in the multi-media age. Any artist should be aware of all the intangible property they own and the rights they have to stop others copying their work.

Published 11/06/2007.