WEEK THREE

Legal and IP Frameworks. Comparing Different Case Studies, Media Use and Equity Ownership.

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My understanding of intellectual property is that it is something you create with your mind. An original idea produced as a design, a painting, a symbol, a name, a piece of written work or content. Something that is entirely your idea.

After that basic understanding it can all get rather complex. This is where research on the law needs to start before you run with an idea only to find someone else has been there before.

Intellectual Property issues for most lawyers seems to be a total enigma or a mine field to avoid. There are specialist IP lawyers but, as ever, the internet and your own common sense can provide a lot of the initial answers.

A creatives greatest fear is to be sued for infringement of copyright. Before time and money is invested in any idea a working knowledge of IP avoids disappointment, wasted time and thought space.

A good place to start when thinking about IP while working through an original idea is the name. Decide on a working name and conduct a domain name search to see if you're on to something unique.

The actual process itself of naming, when given a thorough approach is incredibly useful in deciding the ‘why?’ the ‘what? the ‘who?’ and the ‘how?’of the product. The attached article written a couple of years ago has allowed me to articulate what I have discovered through design experiences;

NAME and why it matters.pdf

Download PDF • 331KB

The image below I have found to be a useful starting point to work out where an idea sits and what protection it needs.

Also gov.uk has an enormous amount of useful info which works really hard at not drowning you in lawyerlanguage. https://www.gov.uk/topic/intellectual-property/designs

For this initiative - SPARK - IP would remain with the creator of the brand, its design and written content and marketing strategy. After that, the IP of any contributors work would remain with them under a specifically written contract laying out terms of use.

If SPARK is worthy of any more time invested in it post this MA, a patent needs to be sought. That becomes the point of commitment. https://www.gov.uk/topic/intellectual-property/patents

Challenge.

Select a designed object and highlight the key areas that may infringe copyright

or require IP protection.

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A Chilly water bottle. An instant response as I was just drinking from one.

An interesting aspect of this brand is that they produce a series of collaborated designs.

It seems that Chilly do not own the IP rights to the shape or function of the bottle as cheaper versions are freely available. Their brand is their IP. Their success lies in clever and original marketing ideas as the one highlighted above. The idea of 'collecting' a variety of art as a water bottle I think is genius. It feeds right in to our basic human need to belong and to be special at the same time. As I write I am deciding which one I will buy and thinking of purchasing a few as presents. As with this living resource initiative, a contract of use would be drawn up for the contributing artists to sign, but the IP would remain with them.

The IP issues surrounding my proposed initiative would mainly centre on branding and the contributions from other creatives? The overriding ethos behind this idea is to stimulate and develop personal creativity - not just for commercial reasons but for general wellbeing which in turn promotes the idea that everyone is creative to some degree.

I strongly agree that effective design thinking can be taught and enhanced by specific exercises - one of the drivers behind this initiative. Creative thinking is not just the domain of those who can 'draw' ! To have an original idea and create not just for survival, but for sheer pleasure, is something that defines humans from the rest of the animal kingdom. By definition that is free and for all, which is another driver for this resource.

However, in order to promote and protect creativity within the law, IP rights for this living resource remain with the individual contributors and with the origination and branding of the idea.