Intellectual Property in the Digital Age
The digital era has facilitated the creation and split-second distribution of intellectual property. A blogger instantly communicates with followers. Online journals publish at the click of a key. Digital platforms have become the primary vehicles for generating, delivering, and receiving intellectual property. But these advances have also made it far easier for those who wish to violate your intellectual property rights.
Intellectual Property (IP) is an important component of your business assets. Historically, copyright was designed to protect intellectual property that was “fixed in a tangible medium of expression,” like a book or musical score. But with technology has come the new category of IP — digital intellectual property. Copyright protection in the United States has expanded to encompass creative and inventive works in digital form, including software, websites, online content, digital art, and music files protected by laws like copyright, patents, and trademarks.
Below are common examples of digital IP and how they can be legally protected.
- Trademarks: These include designs, words, logos, signs or symbols that are distinct enough that they distinguish the business or product using that mark in connection with digital products or services.
– Protected by registering your Trademark.
NOTE: Even if your logo is only used online, you can and should consider trademarking it to protect your brand and its unique identity in the online marketplace.
- Online Content: For example; website content, online articles, and blog posts.
– Online content which is owned by the individual or business can be protected by copyright.
NOTE: Specific images, videos and design elements belonging to other parties may be licenced or used by permission. They are not considered your digital IP.
- Software: For example; a unique algorithm used in a video game, or the source code of a popular application.
– Software code can be protected by copyright.
– Patents can protect the underlying technology or functionality of digital products like unique algorithms or software processes
- Music: This refers to digital music files, including the composition and recording.
- Digital music files can be protected by copyright.
- Videos: Movies uploaded to streaming services or videos created for a online platforms.
– These can be protected by copyright.
- Digital Art: This includes images, animations, and other forms of digital art.
– Digital art can be protected by copyright.
The above is a partial list and does not consider any legal exceptions. You should always consult with your business lawyer about how to protect your specific digital IP.
Exceptions to the Law
The growth in digital technology and IP have given rise to challenging legal issues. Two fascinating questions regard artificial intelligence and domain names.
Artificial intelligence
The use of AI presents a new paradigm for protecting digital intellectual property. Copyright law requires “human authorship” for protection, according to the US Copyright Office. Artificial intelligence is not human. So, can AI artistic creations be copyrighted? The question has not been completely settled. Much legal debate continues. But currently AI is not given the status of a creator. And thus, works created entirely by AI can not be copyrighted.
However, if there is sufficient human input and creativity, AI-assisted works can potentially be copyrighted on a case-by-case basis.
Domain Names as Trademarks:
Another intriguing question arises regarding domains. For decades business owners have understood that their domain names are valuable. However, from a legal standpoint, domain names aren’t automatically considered intellectual property since don’t represent a form of creativity, invention, or branding in the same way that a patent or trademark does.
But, there are certain circumstances in which a domain can be trademarked and considered IP. When a domain name is used to identify and distinguish goods or services and is associated with a business in the minds of consumers, it can be protected as a trademark. Specifically, if a company uses a domain name that is also a registered trademark, the domain name can be protected under trademark law.
Conversely, choosing a name that closely resembles someone else’s trademarked name can lead to legal challenges and potential loss of your domain. A domain name can infringe a trademark if it causes confusion, dilutes the trademark’s distinctiveness, or is registered in bad faith.
Obtaining legal advice is essential to navigate the challenges of domain names as trademarks. And remember that whether you can trademark your domain or not, your domain name is a valuable business asset.
As with all your business assets, it’s critical to properly protect your digital IP. If you need help determining the best digital IP protection strategies, we can help.
Disclaimer: This information is made available by Bagla Law Firm, APC for educational purposes only as well as to give you general information and a general understanding of the law, and not to provide specific legal advice. This information should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
