How different types of IP are produced

Here, you’ll explore how IP can be created in different business contexts, including how it can support the creation of a new venture.

So, where to begin? This depends on what you are planning to create or produce, and your role in the process. Read through the following scenarios and decide which are most relevant to your situation.

Independent individual creator

This type of IP is created by an individual who is not working on behalf of anyone else and does not need to involve anyone else in the early stages; for example, creating music, a novel or a painting. This type of intellectual activity is automatically protected by copyright. For example, DJs Daniel Bedingfield, Calvin Harris and Jax Jones created their debut music releases – which went on to sell millions of copies – from their bedrooms. As music production and technology has improved, it has become far easier for individual creators to make music of professional quality independently.

Individual creator in the context of an organisation

This IP is created by individuals who are either commissioned by a company or work on behalf of another person or organisation. In this context you are likely not to be directly employed, therefore you initially own your IP (unless you have an agreement which specifically says otherwise). An example would be a freelance wedding photographer. In most cases, photographers are freelancers who are not directly employed by the couple who are getting married. As the photographer is therefore commissioned, the photographer owns the photographs they take. Usually they provide the couple with a licence for personal use only, for them to print, copy and distribute the photographs as they wish in a non-commercial capacity.

Individuals employed by organisations

In this context, the individual will be an employee of an organisation. Therefore, the organisation will own all IP that is created in the context of the employee’s job role and/or using company resources (unless there is an agreement which specifically states otherwise). For example, if a journalist (who is employed by a newspaper, not a freelancer) writes an article for a newspaper, ownership of the article belongs to the newspaper as it was created under the employment contract between the journalist and the newspaper.

Organisations

Many organisations have business models which are entirely built upon the IP of people they don’t employ; in particular, independent individual creators. These organisations contribute their expertise to add value to the IP they commission from others. For example, this is how publishers operate. Usually, authors are independent of publishing houses. They bring their copyrighted material to an editorial team which then begins the process of bringing the IP to a wider market. Penguin Publishers, founded by the Lane Brothers in 1935, commissioned works from some of literature’s most celebrated classic authors including James Joyce, George Orwell and Virgina Woolf. These authors were not direct employees of the company. Penguin adds value to the author’s copyright through the production chain of making, marketing and selling the book. The collaboration they foster between authors, book designers and cover artists contributes to the the IP of the final asset.

Learning Journal

Which of these scenarios is most relevant to the ideas you’ve jotted down in your Learning Journal? It’s possible that more than one applies in each case. Make a note of what you can and can’t do in each situation to protect your idea. Write down any questions you have.