IP rights and their importance in the creative industries

 Ip rights and their importance in the creative industries 

What do we mean by the term IP? IP stands for intellectual property, intellectual property is the creations of one's mind these can include inventions, art and music because they are intangible assets formed as a result of someone's mind. These are owned and protected from use without consent. 

 

Some of the ways intellectual property can be protected are patents which prevent others from making, using or selling an invention someone has created, copyrights which determine who can reproduce and distribute IP and trademarks that are identifying characteristics such as logos which easily identify the creator and separate their work from others available. It is important to protect intellectual property for a variety of reasons one being fair exposure as you are given credit for your work and no one else can claim your ideas as their own this is respectful but also encourages innovation as preexisting ideas are prohibited from being replicated so new fresh ideas must be produced. From a business standpoint it is important to protect intellectual property as firstly you maintain a competitive advantage as others cannot enter the market with the same product which increases business value. But also, by trademarking your logo or slogan you can ensure that whatever your business is associated with is approved by you so you can be certain of the quality and perception of the public this is important as it builds trust between the business and clientele. This is especially important within the creative industries as work is ideas based so it ensures fair compensation and representation is proved to individuals and employees this allows individuals access to the full benefits of their work and protects from exploitation which encourages people to feel safe in sharing their work which helps the community grow and advance.  

 

One well known example of a copyright case within creative industries if from the music industry and is the case of Robin Thicke & Pharrell Williams vs Marvin Gaye. In 1977 Marvin Gaye released the song ‘Got to give it up’ and in 2013 Robin Thicke and Pharrell Williams released the song ‘Blurred lines’ the estate of Marvin Gaye believed that Thicke and Williams had copied ‘Got to give it up’ due to the similarities found between the songs. Gayes song was copyright protected but there had been changes to copyright law and Gayes song was protected under the 1909 copyright act which limited protection to the original musical composition not the full sound recording and its groove. This presented issues as the song ‘Blurred lines’ had to be compared directly to the original sheet music including the basic music elements such as the melody and harmony. After trial the jury determines that Robin Thicke and Pharrell Williams were liable for copyright infringement, and the Gaye family was awarded roughly $7.4 million but this was reduced to $5.3 million and 50% royalty after an appeal arguing that comparisons were based on the feel of the music and not what was legally protected. This case has sparked much debate based on the balance between creative freedom/expression and copyright enforcement. Do you believe that the appeal was correct and creative expression was limited by the inforcement of the copyright infringement? Some other notable copyright infringement cases to consider can be found here 31 Notable Copyright Infringement Cases // Bytescare  

So, does IP stifle creativity in the creative industries? In my opinion it is the opposite. This is because the protection of intellectual property encourages people to come up with their own ideas which causes industry advancement as the same thing cannot be reproduced with slight differences resulting in forward thinking and expansion of the range of ideas. Additionally, IP protection allows creators to reap the benefits of their work enabling them to monetise their work and receive recognition with much less risk of being exposed to extortion and misuse in regard to their work as they are given fair compensation and recognition. This results in creators feeling more comfortable with sharing their work as well as initial creation as there is a benefit to them from their creation this creates a safe platform for expression of creativity which creates inspiration for others furthering creative advancement in industries. However, IP laws require creators to gain permissions for their work which can be a difficult and costly process which limits the availability to smaller creators such as individuals or indie game development companies. This is negative as it restricts who can create and have freedom of creative expression in a secure manner. Additionally, IP protection laws can make creative spaces a difficult area to manage and cause fear of infringement which discourages creation due to the possibility of legal issues and financial burden. In conclusion, I believe IP protection is very important and is a good thing for fostering a varied and advancing creative space however, laws surrounding IP protection and rights should be developed upon to make them more accessible to smaller creators and individuals as this counteracts the positive influence as the number of creators is reduced due to uncertainty and fear.