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12.05.2014

Intellectual property: Understanding the basics

In Indiana and the rest of the United States, a person or entity’s intellectual property is protected from being copied or stolen. In today’s increasingly technological and digital world, however, it is not always easy to determine which types of material fall under the intellectual property laws. In general, intellectual property includes anything that was created by a person. This can mean anything from an idea for an invention to a brand logo.

According to the World Intellectual Property Organization, protected property includes those that are under copyright or have been patented or trademarked. Intellectual property also includes industrial designs and geographical indications. The most commonly misunderstood of these is arguably the copyrights.

Because so much of people’s ideas are now first shown in digital form, whether through blogs, emails or self-publishing, it can be difficult to determine what falls under copyright and what does not. However, anything falling under the current copyright laws cannot be reproduced, distributed, broadcasted, translated, adapted or made part of a public performance without the express consent of the owner.

Copyrighted works, however, can be used in a few ways without the express permission of the owner. This includes quoting the material — the quote must include proper reference and credit to the original source — using it as an illustration of example for teaching purposes or using it in a news report.

While it may not seem like a big deal, using the intellectual property of others without permission is a crime that carries significant penalties. Whether you have been accused of stealing the intellectual property of another or feel that someone else has infringed on your rights, an attorney familiar with the laws and guidelines surrounding intellectual property and fair use can help you determine what options may be available.

Source: World Intellectual Property Organization, “What Is Intellectual Property” Dec. 03, 2014