Under U.S Copyright Law When Is A Musical Work Created Intellectual Property Law: What It Is

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Intellectual Property Law: What It Is

Many people have heard, read, spoken, written or signed documents with the phrase “intellectual property”. But do they always know what intellectual property, or IP, entails? When starting with a new employer, there is often a confidentiality clause or document that includes a reference to IP, usually to the effect that all mental creation arising from the transaction or work is the property of the employer. Most of them sign these documents and are not always sure what they are agreeing to.

Intellectual property law covers a wide range of legal territory, from trademarks and copyrights, through inventions, design to creative aspects such as writing, music and art. The practice of intellectual property law may protect those who are the creators of new ideas or designs or may protect the company through the intellectual property clause in the contract. For example, an intellectual property attorney may help an inventor or entrepreneur file for a patent on a new invention or file the documents to trademark the logo of said invention. A singer or musician may work with an IP attorney to file a copyright to protect their rights regarding recorded performances and sales of their works.

Because this field of legal practice is so broad and wide-ranging, it is not uncommon for intellectual property lawyers to specialize in the field of intellectual property. Some attorneys may have engineering degrees or backgrounds that enhance their understanding of the industrial side of intellectual property law and the overall workings and technical understanding of these patents. Other attorneys may have strong work experience and education in business, banking, non-profit, or the performing arts, again helping to better understand and practice the nuanced and specialized aspects of trademark, copyright, and patent law.

Although many intellectual property law cases involve individuals applying for patents and trademarks or copyrights, there are many cases involving businesses as well. Large corporations to sole proprietorships may find it necessary to file a trademark or copyright. Working with an intellectual property lawyer allows you to investigate all possible conflicts or violations, and hopefully avoid them. These attorneys may also work to assist with the actual paperwork and process of filing and managing the trademark or copyright. A competitor or start-up may later knowingly or unknowingly infringe a trademark or copyright. Having an attorney who knows the history can be very advantageous when defending said identifiers.

For any person or company looking for a lawyer in the field of intellectual property, the first step is to find a lawyer with the expertise and experience in the field. A performing artist working with an IP attorney who specializes in technology may not be a good fit. But if that artist can find a firm with experience and expertise in the performing and creative arts, the next step is to ensure the firm will work with individuals. Some companies work only with business entities, some only with individuals and some with both. Of course, it is also important to work with a firm whose culture and personality fits with that of the client.

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