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Anyone working with or seeking to begin a new business venture may not understand exactly what intellectual property is, but knowing is a crucial aspect of today’s world. Even inadvertent misuse, illegitimate appropriation, or theft of intellectual properties can entail lengthy litigation processes. That’s why it’s best to understand what it is, so you can safeguard your own assets and avoid misusing those of others.
Definitions and Concepts
Prior to the introduction of the Internet, intellectual property existed, but in a different state than it does today. It was a containable commodity, the Big Idea. It was restricted to paper, to a file in the Patent Office, to a company’s internal accounts. Now, with so many businesses and incorporated individuals, intangible property is a slippery concept.
It covers a range of assets, personal and professional. Included in this range are intangible concepts, such as trade secrets or ideas yet to be put into development, but it also pertains very much to things tangible. Photographs, graphics, literature of all varieties, communications, processes and developed technologies, even equations or gathered statistical data may be construed as property.
Unintentional Abuse
Today, the tidal wave of social media use has encouraged people to think of anything online as an open source. That means that any content posted can be used without accrediting the original owner or obtaining permission prior to use. This is theft of property. While individuals may not be aware that they can be prosecuted for illegitimate possession of such properties, it’s entirely possible. No, an individual who posted a series of pictures of their trip to Yellowstone likely won’t be suing you because you lifted one from Instagram, but large companies can and often do, if they feel it is warranted.
What’s the Big Deal?
We may wonder why borrowing without asking is a big deal. It’s a case of the Slippery Slope. While using another’s photo, music, or art for a personal blog without giving them credit is technically theft, it’s not going to get you in trouble. The original owner may not even care. But what about professional photographers who find their images illegally used, with their proprietary watermarks cropped or digitally erased? Is that theft? Most definitely. It’s the unlicensed use of property directly pertaining to an individual’s business or livelihood.
Related: What is a Chief Security Officer?
While large businesses go to extensive trouble to protect their property, such as applying for patents and requiring employees to sign non-disclosure agreements, the individual is often left without recourse. This can be because they lack the resources to purchase the protection they need or because they are unaware that theft has occurred. Many small businesses aren’t aware that they should register their products and ideas with the patent office. If you are a self-published writer or musician, it’s likely that your work may be pirated by those who seek to make money off of your hard work.
If you would like to learn more about potential intangible property protection, the U.S. Patent Office provides useful primers for entrepreneurs and artists alike. While the interconnected nature of today’s consumer and creative culture has made theft of intellectual property easier than ever, it’s also easier to detect and prevent than it was four decades ago.
