INTELLECTUAL

PROPERTY LAWS

By Antonina Prigara 41aya

OVERVIEW

1. Introduction
2. Copyright
3. Trademark
4. Right of Publicity
5. Trade Secrets
6. Right of Privacy
 INTRODUCTION

A wide body of federal and state laws protects creative property such as writing,
music, drawings, paintings, photography, and films. Collectively, this body of law
is called “intellectual property” law, which includes copyright, trademark, and
patent laws, each applicable in various situations and each with its own set of
technical rules. When obtaining permission to use creative works, you’re
concerned primarily with copyright law. However, trademarks, trade secrets, and
publicity and privacy rights sometimes come into play when permission to use
certain types of works is sought. Below is a summary of the various types of
intellectual property laws that are relevant to the permissions process.
 COPYRIGHT

Federal copyright law protects original creative works such as

paintings, writing, architecture, movies, software, photos, dance, and
music. A work must meet certain minimum requirements to qualify for
copyright protection. The length of protection also varies depending
on when the work was created or first published.
 TRADEMARK

Brand names such as Nike and Apple, as well as logos, slogans, and
other devices that identify and distinguish products and services, are
protected under federal and state trademark laws. Unlike
copyrighted works, trademarks receive different degrees of
protection depending on numerous variables, including the
consumer awareness of the trademark, the type of service and
product it identifies, and the geographic area in which the
trademark is used.
 RIGHT OF PUBLICITY

A patchwork of state laws known as the right of publicity protects

the image and name of a person. These laws protect against the
unauthorized use of a person’s name or image for commercial
purposes—for example, the use of your picture on a box of cereal.
The extent of this protection varies from state to state.
 TRADE SECRETS

State and federal trade secret laws protect sensitive business information.
An example of a trade secret would be a confidential marketing plan for the
introduction of a new software product or the secret recipe for a brand of
salsa. The extent of trade secret protection depends on whether the
information gives the business an advantage over competitors, is kept a
secret, and is not known by competitors.
 RIGHT OF PRIVACY

Although not part of intellectual property laws, state privacy laws preserve
the right of all people to be left alone. Invasion of privacy occurs when
someone publishes or publicly exploits information about another person’s
private affairs. Invasion of privacy laws prevent you from intruding on,
exposing private facts about, or falsely portraying someone. The extent of
this protection may vary if the subject is a public figure—for example, a
celebrity or politician.
Thanks for your attention!