The Arts; Jewelry
Because intellectual property is the heart of every artist and musician’s livelihood, it is vital that artists take the rights steps to ensure that their work is protected properly. Whether you are the representative of the estate of a famous painter or you are a musician intending to release your first album, Peacock Law is there to help artists and musicians of all types make a living off of their art and music, as we have done for decades. This may involve preparing copyright registration applications for your art and music, filing trademark applications for your band name, drafting licensing agreements for your digital photography and sending cease and desist letters to those distributing your art without your authorization.
Intellectual Property Protection
Many people are surprised to learn just what can be protected under copyright law: jewelry, sculptures, and even the patterns of cheerleader uniforms may be protected under copyright law. But almost everyone is surprised to learn that if you do not register your copyrights with the Copyright Office within a certain amount of time that you publish the work, you lose out on certain rights that make enforcement of your copyright practical. We recommend that before any artist or musician make public their work, they come see us first, so that their rights can be preserved to the fullest.
Copyright is not the only realm of protection for artists and musicians; a great deal of creativity is involved in deciding which forms of protection are best for your work. For example, trademark may protect a painter’s signature or a band’s name. It is less common, but possible, for art that also serves some functional purpose to qualify for patent protection. The presentation of the art (packaging and labeling) may fall under copyright protection as well, and slogans may be protectable by trademark. Understanding which avenues for obtaining IP protection to take saves time and money, and is vital to successful enforcement against infringers.
Knockoffs versus “Inspired by”
There are many ways that the value of your art may be devalued by infringers. Most people would recognize that a “Rolex” priced at under $100 is undoubtedly a fake. They would not purchase such an item expecting Rolex quality. However, many people knowingly purchase knockoffs hoping to impress unsuspecting observers. In this way, the presence of knockoff “Rolex” watches conceivably dilute the value of genuine timepieces. Other replicas are not such blatant copies. Instead, these replicas acknowledge the fact, labeling themselves as “inspired by” expensive designer items. If these replicas are not produced through legitimate licensing agreements, these replicas steal your customers and dilute the value of genuine designer jewelry.
Protecting IP Rights
As a full-service intellectual property law firm, Peacock Law provides end-to-end IP legal services. We advise clients on obtaining the proper type of IP protection for their original works. We work with clients to stop infringers and restore the value of their art. Fortunately, many instances of infringement can be resolved without expensive formal proceedings. However, for those cases that cannot be resolved by negotiation, our litigation team is ready to protect our clients’ interests by going to court.
