Posts Tagged ‘intellectual property’

Concept Copying – A Primer (Part 1 of 3)

Thursday, May 29th, 2008

It is easy to tell when something is the exact copy of something else -the two look alike, after all. Even small kids can compare two identical or virtually identical drawings and usually correctly determine whether the drawings are alike or different. It is far more difficult when the copy is not an exact or nearly exact duplicate, but simply another way to express an identical or similar concept.

This is the first in a multi-part series, where we’ll spend some time talking about a very important subject to the creative community – concept copying. In the creative field, a “concept” is an abstract idea that is typically described in words or represented visually. According to AIGA (the professional association for graphic design), “Graphic design is a creative process that combines art and technology to communicate ideas” If you read our earlier post about the Nike logo, you’ll recall the concept for the Nike logo design, reproduced below.

That concept was reduced to a visual form. Could another designer take this concept, change a few things (make it red, for example), and use it as their own work? If not, how does one draw the line – what is concept-copying and what is not? What is appropriate and what is not? That’s what we hope to discuss during this multi-part series.

One recent example that illustrates both the importance of this topic and the complexity of the discussion is a patent application filed by Apple in 2006 for a remote control-like controller that allows for full movement ( Apple’s patent application was published by the United States Patent and Trademark Office for the first time in May 2008). The Apple patent application describes a controller that works with a sensor, placed near the display. The sensor uses infrared technology to translate the movement of the controller in three dimensions. Apple no doubt intends to use such a device to support more interactive and gaming features on its Apple TV device (or successor product).

Sound familiar? Remind anyone of Nintendo’s Wii and its innovative controller which works with a sensor, using infrared technology to translate movement of the controller in three dimensions? Did Apple copy the concept for the Wii controller? After all, the Wii was released very shortly prior to the time Apple filed its patent application in November 2006.

More about this subject, and our continued discussion about the Apple patent, in a few days.

Protecting Your Creative Works

Thursday, March 20th, 2008

The Internet has changed our lives. It has also made it easier to copy, distribute and profit from someone else’s creativity. Although people know that taking someone’s iPOD without permission is theft, many people forget that taking an article, graphic, logo design, illustration or photograph found on the Internet, without the permission of the author, is also theft. Anyone who creates something and reduces it to a tangible form – whether in the form of an article, picture, graphic, music, lyrics, movie, or something else – is the rightful owner of that intellectual property. The owner of intellectual property has the right to reproduce or permit someone else to reproduce their intellectual property.

How can creatives protect their own intellectual property? There are a number of practical steps that every creative should consider when posting their works on the Internet. Here are five:

1. Place a copyright notice on your work. The laws of most countries protect creative work, even if a copyright notice does not appear on the work. However, it is a good practice to put a copyright notice on your work, where appropriate. A notice lets others know that this is your work. This is easy to do (see the crowdSPRING logo below).

cs-logo.jpg

2. Participate in online venues that respect your intellectual property. There are important differences between online sites for creatives. One important difference involves intellectual property. On some sites, creatives may unknowingly give up – often without pay – their intellectual property. In fact, some sites expressly say so in their terms of service or user agreement. It is important for creatives to understand the conditions under which they participate in online marketplaces or on various sites. For example, in paragraph 9 of crowdSPRING’s user agreement (http://www.crowdspring.com/user-agreement), we clearly state that others are not permitted to take your work without your prior written consent.

3. Protect your intellectual property with legal agreements. Although people will enter into transactions for intellectual property online without a legal agreements, most realize that it is very important to protect intellectual property with a legal agreement. For example, without clear terms specifying, among other things, payment and the rights that a creative would retain to their intellectual property (such as the right to display the work in a portfolio ), such transactions can result in serious disputes. Whenever possible, protect the sale of your intellectual property with a legal agreement. (more…)