INTELLECTUAL PROPERTY

We explore the different types of IP (Intellectual Property) Rights relating to creative businesses with Naomi Korn. It including copyright, trademarks and registered designs. 

What is Intellectual Property

According to WIPO(2019), Intellectual property (IP) are creations of the mind, for example, literary and artistic works; designs; and symbols, words and images used in commerce. It is protected by law, such as, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. Also, it covers the copyright, patent and trademark et al,.

Intellectual Property for me

I knew this for a long time because I am a graphic designer. As we know designers must have a strong feeling of copyright in the works they design. Many cases tell us the importance of intellectual property. Otherwise, it is likely to be copied by many people when you don’t know it at all. 

Each country’s national conditions are different, and the protection measures for intellectual property rights are also different. There is no need to register copyright and no need to use a copyright symbol in the UK. if a work is protected by copyright, it will be protected anyway. However, you must register your work in China to protect your rights by law. If you haven’t, your work will not be protected by law. Also many people haven’t a strong sense of copyright and China’s laws on intellectual property protection still imperfect. So I guess it is why china has a lot of companies be copied.

I want to share a controversial case I hear it in class.

Art Rogers, a professional photographer, took a black-and-white photo of a man and a woman with their arms full of puppies. The photograph was simply entitled, Puppies, and was used on greeting cards.

Jeff Koons, an internationally known artist, found the picture and make a sculpture based on the photograph. He changed a lot of details, such as the puppies were to be made blue, their noses exaggerated, and flowers to be added to the hair of the man and woman. The sculpture, entitled, String of Puppies, became a success. Koons sold three of them for a total of $367,000.

Rogers sued Koons and the Sonnabend Gallery for copyright infringement. So do you think this is an infringement?

I thought about it for a long time when I first knew this case, because these are two different ways of expression. One is through photography, and the other is to transform the plane into three-dimensional work. It is difficult to define in art. The work of Jeff koons like a derivative work basic on Rogers.

The truth is, the Court think both “substantial similarity” and that Koons had access to the picture. The similarity was so close that the average layperson would recognize the copying, a measure for evaluation. Thus the sculpture was found to be a copy of the work by Rogers.

Resource:

WIPO(2019) About IP. Available at: https://www.wipo.int/about-ip/en/ (Accessed: 29 November 2019).

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