Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
All Intellectual property laws apply to all formats of work; digital, internet, film, photo, hard copy and drawings and paintings.
Copyright
This is probably the most common type of Intellectual Property for artists. Copyright protects original works of authorship, like paintings, drawings, music, and even digital art. It gives you the exclusive right to use, distribute, and modify your work. So, if you create a painting, no one else can legally copy or sell it without your permission. Copyright protection kicks in as soon as you create something tangible, meaning it’s automatically yours without needing to register it. You can mark your work with the copyright symbol, your name and the year of creation. Whether you mark the work or not doesn’t affect the level of protection you have. Copyright prevents people from:
copying your work
distributing copies of it, whether free of charge or for sale
renting or lending copies of your work
performing, showing or playing your work in public
making an adaptation of your work
· putting it on the internet
Trademarks
Trademarks are about protecting brands. For artists, this could be your unique logo, signature style, or even your artist’s name if it’s distinctive enough. A trademark helps prevent others from using something that’s confusingly similar, which can be crucial if you’re building a brand around your artwork. Imagine you’ve developed a recognizable signature that you use on all your pieces—registering it as a trademark means others can’t just slap it on their work to piggyback on your reputation.
Trademarks are registered with a designated government organisation at the national or territorial level, and the processing time might range from six to eighteen months. While registering your trademark in the US, UK, Japan, or any other country will only protect it there, in the EU there is now a Community Trade Mark (CTM) that protects your trademark throughout the EU. Trademarks that are registered can be recognised by the symbol "®" or the abbreviation "TM."
Patents
Patents apply to industrial processes and inventions, and protect against the unauthorised implementation of the invention. Patents are grants made by national governments that give the creator of an invention an exclusive right to use, sell or manufacture the invention. Like trademarks, patents are registered at a national or territory level with an appointed government body. Patents typically take 2 to 3 years to be granted. Patents are about protecting inventions and can be super complex to get, but they give you the exclusive right to use and commercialize your invention for a certain period.
Trade Secrets
This one’s interesting because it’s all about keeping things confidential. Trade secrets can protect your unique processes, formulas, or any proprietary information that gives you a competitive edge. For artists, this might be a secret recipe for a type of paint or a unique method for creating a certain texture. The key here is that you have to actively keep it secret—once it’s out, it’s no longer protected.
You cannot protect an idea if it is overheard, copyright does however protect the physical content of drawings, diagrams or plans for inventions/idea but it can’t prevent the invention/idea from being used elsewhere. If the idea is for a new material/process/technique it could be patented. The easiest way to protect your work cost free is to date and sign it and/or get it co-signed.
What happens if your Intellectual property is stolen?
Nothing would happen unless you are willing to spend time and money to sue in court, where you may or may not win.
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