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A wide body of federal and state laws protect creative property such as writing, music, drawings, paintings, photography and films. Collectively, these laws are called intellectual property law, which includes (among others) copyright, trademark and patent laws, each applicable in various situations, and each with its own set of technical rules. When obtaining permission to use creative works, we're concerned primarily with copyright law. However, trademarks, trade secrets and the rights of publicity and privacy sometimes come into play when permission to use certain types of works is sought. Below we've summarized the various types of intellectual property laws that are relevant to the permissions process.
- Copyright. Original creative works such as paintings, writing, architecture, movies, software, photos, dance and music are protected under federal copyright law. A work must meet certain minimum requirements to qualify for copyright protection and the length of protection also varies depending upon when the work was created or first published. More information about copyright can be found at www.copyright.gov.
- Trademark. Brand names such as Nike and Avis, as well as logos, slogans and other devices that identify and distinguish products and services are protected under federal and state trademark laws. Unlike copyrighted works, trademarks receive different degrees of protection depending on numerous variables including the consumer awareness of the trademark, the type of service and product it identifies, and the geographic area in which the trademark is used. More information about trademarks can be found at www.uspto.gov.
- Right of Publicity. The image and name of a person are protected under a patchwork of state laws known as the right of publicity. These laws protect against the unauthorized use of a person's name or image for commercial purposes--for example, the use of your picture on a box of cereal. The extent of this protection varies from state to state. You can learn more about the right of publicity here.
- Trade Secrets. State and federal trade secret laws protect some business information. An example of a trade secret would be a confidential marketing plan for the introduction of a new software product or the secret recipe for a brand of salsa. The extent of trade secret protection depends on whether the information gives the business an advantage over competitors, is kept secret and is not known by competitors. More information about trade secrets can be found here.
- Right of Privacy. Although not part of intellectual property laws, state privacy laws preserve the right of all people to be left alone. Invasion of privacy occurs when someone publishes or publicly exploits information about another person's private affairs. Invasion of privacy laws prevent you from intruding on people, exposing private facts or falsely portraying someone. The extent of this protection may vary if the subject is a public figure--for example, a celebrity or politician. You can learn more about the right of privacy here.
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of the Leland Stanford Junior University. With the exception of the Nolo Copyright and Fair Use Overview, this work is
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