Within the traditional methods there are two forms that infringement can take, direct and indirect. 

With direct infringement the person must make a direct copy of the work without the right owner’s permission, an example of this is copying a compact disc without the producers or artists permission.

On the other hand indirect infringement is associated with facilitating the unlawful reproduction, such as was the case of “A&M Records, Inc. v. Napster, Inc.” (Federal Reporter, 2001). In this case the recording studios filed for direct and indirect infringement against Napster, a peer-to-peer file sharing software. However whilst direct infringement didn’t occur, due to the users actually copying the files originally, Napster was found in indirect infringement since it was used to distribute the illegal copies.

Caru Design would have to employ all forms of intellectual protection at some point during their design processes; the most common ones however would likely be copyright, confidentiality agreements and registered design due to the nature of the studio.

It is important that they do have plans in place for the other methods should the need arise. All employees should also be made aware of all the policies and the potential problems that could occur should they be broken; also by having a set out policy it also inspires confidence in potential clients in that they know that their ideas will be protected securely. By having a firm understanding of intellectual property rights and policies it is possible for Caru Design to be protected against any infringement, or from infringing themselves.

Useful Links:

The Design and Artists Copyright Society – Specialist support for creative regarding copyright

Intellectual Property Office – Lots of useful information on all forms of IP (UK Based)

World Intellectual Property Organization – Lots of information on all IP laws

Anti Copying In Design (ACID) – Design based information and support

Creative Commons – Information and support regarding Creative Commons

Plagiarius – A look at examples of plagiarised design work

Advertisements