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How can you protect your work?
Whilst the subject of Intellectual Property is incredible important for creative firms - it is not as simple as this article appears to propose. Creative Barcode is the first innovation in the intellectual property system for more than three decades. It is the only mechanism that protects 'innovation and creative concepts and business ideas'. No other mechanism does. Designers make the mistake time and again that © copyright protects their pre-commercialised ideas / concepts when it does not. You cannot protect an idea. Agencies who pitch and do not have any protection in place are very vulnerable. Non disclosure agreements (NDA'S) are rarely signed by client companies - & they are almost unheard of during pitches - unless it is one issued by the client company to protect their own information/confidentiality. Try asking a client company to sign your own NDA - and see how far you get. Marketing and Brand Managers will not sign them as to do so would involve their legal department and several weeks or so delay in engaging a design firm or running a pitch. Thanks for the mention of Creative Barcode - it is however a bit inaccurate. The CB system enables the users to create numerically unique barcodes embedded with their ownership and contact details which are applied to all files, written or visual, associated with the project (one barcode per project which travels with all documents and is visible & track able throughout) - Files are sent through the file transfer system where a one page, legally binding trust charter agreement is accepted before download. It is endorsed by the World Intellectual Property Organisation - and is far more than just selling and attaching barcodes. The barcodes are simply the ownership and authentication element. See www.creativebarcode.com ACID have some good contracts that can be used as a starting point for any formal contract negotiation. I hope that the subject gets more air time but more time and accurate research needs to be undertaken otherwise creative firms will continue to be confused and given poor information based on assumptions and lack of understanding of the realities agencies and their clients face. The complexity and cost of IP protection for the creative sector across the board needs urgent revision. Creative Barcode is a very good starting point
Thu, 21 Jun 2012
12:50 pm
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