Kelley Keller (@KelleyKeller) is an Intellectual Property Attorney & Education, and founder of The Keller Law Firm. She’s also the creator of Innovation to Profits, an online educational resource for anyone with creative, valuable ideas.
This legal-focused conversation discusses the types of IP, how portfolios must be handled, competition in the age of the Internet, Fair Use, and other legal matters important for creative pros in business.
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Show Notes & Links
- F.U.D.
- Intellectual Property, a definition
“IP is 'controlling the movement of knowledge throughout the marketplace.'”
—Kelley Keller
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- Types of IP: Brand Names/Trademarks, Copyrights, Patents, Trade Secrets
- The Coca-Cola formula, the world’s most famous Trade Secret
- The Portfolio, a body of work for a creative pro
- Work-for-hire relationship (common for employees)
- Employer owns the work, employees need permission
- Non-compete and non-solicitation agreements are governed by Employment Law, at the State level
“An ounce of prevention is worth a pound of cure.”
—proverb
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- Brand X
- As for your original logo, you have responsibility to protect and to police
- The Digital Millennium Copyright Act (DMCA), and its Takedown Notices
- The US Copyright Act of 1976 says, essentially, the moment you create something, you own the copyright (assuming it’s copyrightable (original, independent, etc.))
- The difference between a “trade name” and a Trademark. The trade name is the legal name of your business at the State level; Trademarks are marketplace identities, and must be cleared on the Federal level.
- 1099 and W-9 forms, Tax forms for outside contractors
- Nissan Motors v. Nissan Computer
- Captain Fantastic Faster Than Superman Spiderman Batman Wolverine The Hulk And The Flash Combined
- Apple Computer v. Apple Corps Records aka “Why aren’t the Beatles on iTunes?”
- US Olympic Committee v. Olympic Gyro
- Colleges Tell High Schools Logos Are Off Limits
- Agents and officers seize more than $4.8 million in fake NFL merchandise and seize 307 websites during ‘Operation Fake Sweep’
- Washington Redskins Mascot Controversy
- Washington Redskins Change Their Name To The D.C. Redskins
DC Redskins
- Redskins defend name, ask federal court to overturn trademark decision
- USPTO Design Codes
- Lady Gaga stole the song “Judas”, claims singer/songwriter
Tools
- USPTO.gov, the website for the US Patent & Trademark Office, where you can do a search.
- Behance, which hosts portfolios
- Copyright.gov
Techniques
- Be proactive with new contracts and agreements; get an attorney to review
- Set up Google Alerts for brands/trademarks
- Hire a junior staffer to search for your brand online
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Prescott Perez-Fox is a graphic designer, brand developer, and educator with 18+ years experience in branding, packaging, graphic design, and web design. He runs The Busy Creator.
