Arts Group

Melissa Henderson, from 10 Park Signs

So, what is IPR? Well, put simply it is legal property in original work. But unlike your house, your car or your MP3 player, IPR is intangible. This means that it isn’t the type of property you can hold and pass around. Rather, it is the type of property which bestows on the owner certain legal rights – the right not to be copied for example. If anyone reproduces or copies someone’s original work without their permission they will breach or infringe that person’s IPR. So, it is important for creative people to understand IPR, particularly if they are using their creative works commercially. There are various different types of IPR which exist depending on the type of creative work you might produce. The main types are copyright, design right, trade marks and patents, and very briefly: Copyright exists automatically in creative works such as artistic works (paintings, illustrations, photographs etc.), literary works (writing, songs, music, software code etc.), dramatic works (plays, structured dance choreography etc.). More information about copyright may be found here [link to copyright article]; Design right exists both automatically and also if the owner chooses to register via a form of Government registration in illustrated design drawings (line drawings, CAD drawings etc.) from which a 3D product can be made. More information about design right may be found here [link to design right article]; Trade marks exist both through their use over time and also if the owner chooses to register via a form of Government registration of trade marks in names (e.g. an artist’s name) or other marks (e.g. a logo) under by which a business is identified. More information about trade marks may be found here [link to trade marks article]; Patents exist only if the owner chooses to register via a form of Government registration of patents in inventions (i.e. new ideas which improve technology). This is less relevant to artists and designers and so is just mentioned here for completeness. As you will be able to tell from the above, this IPR is valuable property because if you create something original, be it a piece of artwork, a graphic illustration or a photograph, if it is good, others may wish to use it commercially (e.g. to use as an album cover or to sell as a collection) and because the creator owns IPR in their work, anyone who does want to reproduce that work commercially must obtain the owner’s permission (for which the owner may charge). This is called licensing of IPR.