Design is another example that may include a variety of subcategories. It may include the architectural design of a building, the new and unique design of a widget or the aesthetic design of an object of industry. The design starts as intangible by its creator, and may be made into something that is tangible by another party, to whom the creator wishes to grant a license.
Literary Rights - Literary rights
and copyrights are sometimes associated, but they can be easily contrasted. An author has literary rights prior to publication. Copyright is the legal right to publish and sell the work, or exclude others from using or displaying it. The manuscript is the author’s until he or she contracts with the publisher. The publisher, generally, will then have the copyright and ability to sell the work.
Submission Release - A similar concern for writers is the submission release. This is a waiver that protects the company to whom the author submits an unsolicited work, in the case the company produces something similar. It is wise for the author to have representation from someone experienced.
Intangible Works - Intangible works can be licensed. Just as in the licensing of art outlined in the example above, a person may license any of his or her work for the use of another. For example:
- A software designer may license his or her work to a company for distribution, or to the end user.
- A composer may license his or her works to be performed in a television production. The licensing of a work is simply the granting of right to use the work in a designated manner by the creator of the work. The creator retains authorship; however, the licensee is granted right of use.
While there are many entities involved in the protection of creator’s rights, such as the U.S. Patent and Trademark Office and the U.S. Copyright Office, there is a larger organization that oversees the creative property rights as a whole.
It is the World Intellectual Property Organization (WIPO), an agency of the United Nations created by convention to safeguard the public interest and protect the rights of individuals and their property. One who engages in the creation of things that are intangible needs to protect his or her intellectual property rights as surely as he or she would protect his or her tangible property. Just as one takes the precaution of depositing money into the bank or valuables into a safe, the creative thoughts and intangible property must be protected by someone who is proficient in that area of law.