Intellectual Property in media and entertainment

There is a constant evolution of the technology which impacts the use we make of media platforms. This can be seen through the development of social media. With the never-ending creation of new platforms, there is a need to adapt the rights and protections that come with the use of these services.

Intellectual Property (IP) plays an important part when it  comes to media and entertainment law. Mainly because media refers to artistic works, whether it is via making a movie, composing music, using social media or the internet in general. An individual or a business would therefore be looking to protect their creation and work.

IP refers to creations of the mind, whether literary and artistic or designs, symbols etc.  There are many types of IP and the most known are patents, copyrights or trademarks. It is very important to have IP rights in place, especially in the media and entertainment world. Without the protection of these rights, the chances for infringement will be higher.

1. Copyright

A copyright protects one’s creative work. It gives its owner the exclusive right to copy, distribute, adapt, display and perform a creative work. The owner will benefit from the works being registered to a public record and therefore get protection from the usage of others without their permission.

Some examples of copyright works would be a novel, a photograph, lyrics to a song, a sound recording, or a movie. Most recently, the singer and songwriter Ed Sheeran faced a trial as he was accused of infringing the copyright of Martin Gaye’s song “Let’s Get It On”. Although he was later found not guilty of the infringement, this was still a long process which could tarnish someone’s image and reputation.

It is therefore incredibly important for inventors to record their works and how they arrived at them so that they can benefit from the protection of IP rights.

2. Patent

Just as with copyright, a patent will protect the innovation of a person by excluding third parties from making, using or selling an invention for a limited period of time. In exchange, the inventor will have to publish a disclosure of the invention. By doing so, the inventor will have the monopoly of use of this invention for a period of time.

In the entertainment industry, patents will generally be used to protect technological advancements in production or distribution of content. One of the most famous patents filed would be for a 3D film process by William Friese-Greene. There is also the famous film director, James Cameron, who through the development of filming tools and techniques contributed to the immersive experience for the audience.

3. Trademark

Trademark refers to any word, phrase, symbol, design or a combination of these that identifies a product or service. In the media and entertainment industry, trademarks will be used to protect a brand, merchandise, movie title, music or even a character.

Examples of trademarks would be “Netflix” or “Pixar” or movie titles such as “Star Wars” or “Harry Potter”. These would prevent anyone from creating a name and/or logo with the same font or colour which could lead to confusion as to whether the movie is part of a famous franchise.

4. Images

In spite of the rights an individual or a business can have to protect their invention, there is nevertheless an issue in the entertainment industry around celebrities and their image. It is with no doubts that you have already come across photos or videos of a celebrity in the streets or having dinner. Most of the time, these are used without their knowledge or consent, and it is a problem, especially in the UK, since there are not any statutes or case law which covers it.

Most celebrities are paid to endorse a product and therefore use their image, although there is still a possibility that companies will use a celebrity’s face without their consent which can open a claim for passing off. A famous case was in 2012 when the clothes retailer Topshop used Rihanna’s image on its t-shirt. Although the retailer had a licence to use the photo from the photographer who took it, it did not have a licence from the singer herself. Rihanna therefore sued and succeeded on the grounds that using her image without her approval was an act of passing off.

There is a right to privacy under Article 8 of the European Convention on Human rights which would apply to celebrities. It is undeniable that intrusion in their lives can happen, if photos were taken in a private setting, a claim for breach of privacy may arise. This would however need to be balanced against the right to freedom of expression under Article 10 of the European Convention on Human rights.

In any case, it is highly recommended to take legal advice when it comes to Intellectual Property rights. Our commercial team would be happy to provide assistance to individuals or businesses on issues relating to Intellectual Property.

For further advice and assistance please contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk