Understanding Intellectual Property Protection for Artistic Work

This article explains the different types of intellectual property protection for artistic work, including trademark, patent, copyright, and trade secret protection. It also discusses the relevance and significance of intellectual property and provides a plan for protecting it. The article is relevant for entrepreneurs and students who want to understand the importance of intellectual property rights.

Business Law

Table of Contents
Introduction......................................................................................................................................3
Trademark Protection......................................................................................................................3
Patent Protection..............................................................................................................................3
Copyright Protection........................................................................................................................3
Trade Secret Protection....................................................................................................................3
Distinguish between types of protections........................................................................................4
Infringement Concerns....................................................................................................................4
Plan for protecting intellectual property..........................................................................................5
Relevance and Significance of Intellectual Property.......................................................................5
References........................................................................................................................................5

Introduction
I am an entrepreneur and as I had interests in drawing and paintings since childhood, I recently
started a shop to sell my drawings and paintings. As it is my original work, it will be protected
under copyright protection.
Trademark Protection
Any distinguishable word, name, phrase, symbol, design or devices can be protected under
Trademark Protection. In order to be qualified for trademark, the word, name or phrase must be
characteristic and should specify the source of a product or services. As paintings are originally
my work, it will not be covered under trademark protection.
Patent Protection
Under Title 35 of the U.S.C., products and processes such as machines, manufacture or
composition of matter can be patented if they exhibit following three characteristics i.e. Novelty,
Utility and Non-obviousness. As products and processes are covered under patent, paintings do
not exhibit the characteristics essential for patent.
Copyright Protection
There are eight categories of original work that can be patented which are literary work, music,
drama, dance, paintings, audio and video recordings and property. In addition, software can also
be patented. As paintings are my original creations, I will be provided with the intellectual
property right by the government in the form of an exclusive right to control the publishing,
reproduction and display of my paintings.
Trade Secret Protection
Trade Secret is an alternative to patent or trademark law that enables for intellectual property to
remain unrevealed. Any valuable virtual information because it is not commonly recognized can

be the subject matter of a trade secret. The decision related to utilization of trade secret law in
place of other types of protection is based on the nature of the intellectual property that is to be
protected. Paintings cannot be coved under trade secret protection because it includes any kind of
virtually valuable information which is not generally known.
Distinguish between types of protections
Patents and copyrights undertake almost similar objectives; they vary from each other in several
aspects. The determination of merit can be more subjective for creative work instead of
inventions eligible for patent. There is no examination system for the purpose of determining
whether creative work evidences copyright protection. However, both recognize the importance
of protection of property rights of creators. Both the systems are designed to connect individual
creativity for the welfare of public (UpCounsel, 2018). On one hand, trademark protection assists
for legal presumption of ownership and exclusive right and enhances ability to bring action in
federal court. While on other hand, trade secret is considered as an alternative to the patent or
trademark law and enables for intellectual property to remain unrevealed. Taking into
consideration, all the types of intellectual property protection, copyright is the suitable protection
for the purpose of my artistic work.
Infringement Concerns
The concerns regarding infringement on intellectual rights of the competitor is that courts usually
involve in highly accurate analysis regarding security measures taken by the owner of the
property. In order to avoid infringement of my intellectual property right, I will get copyright
from the government for paintings. It does not require registration for achieving copyright as it
will be granted as soon as the paintings will be expressed in a physical manner but in the

situation of filing infringement suit in federal court, being a copyright holder I will have to
register.
Plan for protecting intellectual property
The analysis of competitors and risks will be required from the point of view of long term
objectives. A clear distinction should be made between economic and moral rights of the
copyright holder (PRV, 2018). All the terms and conditions for using the property should be
clearly mentioned. Even if, infringement occurs, the copyright holder can file suit in federal
court.
Relevance and Significance of Intellectual Property
It is important to understand various types of intellectual property protections before starting a
new business because in case a property is overbroad, illegal and abandoned, individuals and
business try to intrude it. Therefore, the students will get benefitted by studying this information
because they will be able to understand different types of intellectual property rights and what is
included within them.
References
PRV. (2018). Copyright. Retrieved from Prv.se:
https://www.prv.se/en/prv-for-entrepreneurs/glossary/copyright/
UpCounsel. (2018). Intellectual Property Protection. Retrieved from upcounsel.com:
https://www.upcounsel.com/intellectual-property-protection