Intellectual Property in the Advertising Industry
“Creative works” are the main product for an advertising agency, these works are born out of the ability to create something valuable and different.
In most countries, copyrights related to the products of advertising agencies are protected by copyright laws. However, sometimes the problem lies in ensuring that both companies and authors know how to defend them.
In that sense, there are public tools such as the aforementioned laws, private systems such as technological copyright registries, confidentiality agreements, non-disclosure agreements, etc.
These tools are very important to optimize the protection of the creative effort.
Creative content created by advertising agencies includes visual and written material, such as slogans, sounds, photographs, art, music, videos and graphics. Some of these may be protected by copyright laws, others may be protected as industrial designs or trademarks.
What can you register with Safe Creative?
Written material, photographs, artwork, graphics, software, databases, composition of an advertisement or an advertising brochure, music and videos are all protected by copyright protection. Registering them can be very convenient and often necessary.
Their authors will be able to register their works before assigning them to the company and also the companies will be able to declare the ownership of copyrights over them.
It should be noted that while the author of copyrighted works automatically has ownership of the economic rights, in “work for hire” it becomes the possession of the author’s employer.
Indeed, several transfers of ownership may occur from an employee of an advertising company to the company and from the company to its client. It should also be noted that a written document signed by the parties is required if this agreement is modified.
In that sense, Safe Creative’s business services allow to generate immediate and unlimited proof of ownership of rights to advertising companies.
When to resort to Industrial Property?
The copyrights arise from the creation of artistic works such as drawings, photographs, songs, etc. But in order to have exclusive rights to trademarks, you must go to the Patent and Trademark Office. The office will review the application and, if there is no equal or very similar trademark for the same type of product, it may be granted for a limited time, usually 10 years, with the possibility of renewal and for a geographical area.
Although copyrights exist almost universally, the same does not apply to trademarks. Trademarks must be registered in the national offices of all those regions in which you want to have the possibility of exclusive use.
It is also advisable to register the web domains of these trademarks and, of course, of the company name itself.
Can Safe Stamper be of help?
In a world of maximum competition, and with the objective possibility that some of it may be unfair, Safe Stamper provides you with a series of advanced solutions for the generation of electronic evidence.
For example, you may certify all communications with authors and customers through e-mails. This evidence is often essential in the event of a dispute. You can also send to sign agreements electronically with an advanced signature.
It is important to remember that in all copyright matters, the sooner you have proof of your authorship, the better you will be able to defend your rights: “Prior in tempore, potior in iure”.