Wednesday, May 11, 2011

intellectual Property







What is intellectual property and is it the same as copyright?
Intellectual property is
How would you register your design for copyright and how much would it cost?
You don’t have to register or pay for copyright. It is automachic when a design has been created
I have an idea about a logo design, is it covered by copyright?
It is not covered by copyright unless the idea has been put onto paper.
What is the name of the federal legislation covering copyright law in Australia?
The Australian copyright council
What does Copyright protect?
Copyright protects Textual material, computer programs, compilations, artistic works, dramatic works, musical works, cinematograph films, sounds recordings, broadcast, published editions.
What is the Copyright notice and its purpose?
The copyright notice is a symbol © followed by the name of the copyright owner and the year of first publication its purpose is to protect the owner of the copyight material.
What evidence could you provide to a court to prove you’re the copyright owner of a logo you’ve designed?
When proving to the courts that you are the owner of a opyright material, you need to provide evidence eg: drafts of works created and from people who saw the material created.
If I’m employed by a company as their in-house graphic designer, who would generally own the copyright?
When employed by a in-house graphic designer any material created by you is generally owne by the employer unless stated otherwise in a contract of employment.
If I’m working as a freelance Graphic Designer and create a logo for a company, who would generally own the copyright for the logo?
Generally the owner of the work is holds the copyright for the material. unless handed over by the designer.
How much of an artistic work can I safely use without infringing on copyright?
Legally it’s recommended not to reproduce someone elses artwork without promision. A very, very small portion of someones artwork could be incorporated into a design aslong as its not reconisable. Be aware that this falls into a grey area.
If you’ve done everything in your power to identify the copyright owner but they won’t contact you back, is it ok to use the work without permission as long as you use a ‘good faith notice’ stating you were unable to contact them?
Its not recommened to use anything without indentifing the copyright owner to get permission. A “good faith notice” can be drawn up but this does not protect you from infringement.
What are the differences between moral rights and copyright?
Moral rights protect the creater from other people misshandling their works. Whereas copyright protectsthe works being produced.
How would you go about obtaining copyright clearance for an artwork you want to use that you’ve found on the internet?
There are a number of ways to obtain clearance for artwork from the internet. a licence maybe obtain by VISCOPY, the visual arts copyright collecting society.
What is a Trademark and how do you register one?
A trademark gives the client protection on the against other people using a substantially identical or deceptively similar mark in the course of trade. When registering a Trade Mark a fee does apply they and trade mark are registered with IP Australia.
What does a Patent protect?
A patent protects inventions, including processes, methods and techniques it also requires registration with the IP Australia.
Define Defamation.
Defamation protects people’s reputations and concernsin the way you speak about or refer to people and the use of images.

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