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3 intellectual property protections for Youtube videos

Youtube is becoming an increasingly popular way to share creative content. Uploading your video to Youtube can be a great way to gain an instant, large-scale audience and earn recognition. This method of self-promotion is also becoming a lucrative income stream for many. However, there are a few things you should bear in mind when creating your Youtube video to avoid intellectual property infringement.

  1. Take action to prevent freebooting. “Freebooting” occurs when someone takes your Youtube video and then uploads it through a different site as though it’s their own. It is becoming an increasingly pervasive issue that can lead to a huge loss of views and income for you. It can also be a huge hassle to get your stolen content taken down. To help avoid freebooting, consider watermarking your videos. Use a watermark that identifies you and is large enough that it can’t be easily removed.
  2. Make sure any music you include is fair game. Do you want to include a song in your video? Has the copyright holder given you specifically—or Youtubers generally—permission to use the music? Is the music legally protected as “Fair Use”? If none of these is true, using the music would likely be considered stealing.
  3. Verify that screen shots can be borrowed. You might want to reference an interesting tweet or Instagram post in your Youtube video. However, you can’t use a screen shot of someone else’s post if the content is private or if it might hurt the creator’s reputation or endanger them. You also can’t copy someone else’s content for money-making purposes. However, Fair Use protections can allow you to use such content if you’re reporting on an issue or presenting a critique.

Do I really need a utility patent?

As a business owner, you pride yourself on your originality and ability to develop innovative products and ideas. As useful as your skills are, if you do not take measures to protect them, you risk losing your edge, business and money. 

There are measures you can take to keep others from taking credit for your ideas and inventions. One of those strategies is a patent. Patents are not ideal for all situations. Keep in mind there is a fine line between what you can and cannot patent. To better understand the importance of having a patent, review the following information on what it is. 

What does 'patent pending' mean?

Look on the bottom of many products you see on the shelves of stores around the Upper Midwest and you'll likely see one of two stamps. One provides the patent number of the product. Another says patent pending.

While not the same thing as a patent number, the second stamp is still a mark of intellectual property value. Being able to put patent pending on a product tells the world that the inventor or manufacturer is conscious of the item's uniqueness and that steps are underway to protect against possible infringements by anyone who might try to foist a copy on consumers.

Constructing the proper IP license agreement

Licensing of any bit of intellectual property is not usually a matter of just drawing up a document and signing on the dotted line. Those with skill in this area of law know that coordinating across all the elements of IP law – patents, trademarks, and copyrights – requires special choreography. The presumption behind all these facets is that they deal with unique creative elements and any transaction undertaken to bundle things together is unique as well.

To craft a sturdy licensing agreement, one has to acknowledge the form and function of the individual materials. For example, patents secure and protect ideas, the expression of the ideas is protected by copyright, and trademarks seek to distinguish one good or material source from all others. Initiatives to protect the value of unique business information or ways of doing things, falls under trade secrets.

Patent law getting its day before the U.S. Supreme Court

The issue of due process in the world of patent law is coming up for review at the U.S. Supreme Court next week. Justices are due to hear arguments in a case that raises questions about the constitutionality of the 2012 America Invents Act.

As one recent case explained, Congress passed the AIA to create a new administrative procedure for dealing with patents called inter partes review. What the law does is make it possible for third parties to ask the U.S. Patent and Trademark Office to revisit a patent already granted, and perhaps cancel it if that's deemed appropriate.

You’ve invented a creative new product. Now what?

A lot of hard work and thought go into inventing new products. However, it is important for inventors to remember that there is still much work to be done after coming up with a new invention if they hope to get income streams from it. Simply inventing a cool and creative product doesn’t guarantee the product will yield financial benefits.

Rather, what an inventor does next can have some very big impacts on how successful their invention proves to be for their goals. There are a variety of big decisions that can come before an inventor following coming up with a new product. How much thought and care inventors put into these decisions, and the steps coming out of them, can have big impacts.

What is the one-year bar?

Introducing a new invention to the public can be a very exciting moment for an inventor. It can also be a very impactful moment from a legal perspective. This is particularly the case if the inventor is thinking about pursuing a patent for the invention. A public disclosure of an invention starts the clock on a major deadline when it comes to patents.

This is due to a patent rule here in the U.S. known as the one-year bar. This rule makes it so, once an inventor makes a public disclosure of their invention, they have one year to submit a patent application for the invention.

Intellectual property preparations can be important when starting a side business

Starting a new business doesn’t always involve immediately throwing off one’s old job and bringing up the business to full-scale right away. Some aspiring entrepreneurs opt to start things off on a smaller scale. For example, some keep their current job and start a business on the side.

Being such a “moonlighting entrepreneur” can take up a lot of a person’s time and energy. Balancing a full-time job and the running of a new business can put a lot of demands on a person. In the midst of dealing with all these demands, there are certain things it can be important for a moonlighting entrepreneur to not forget to give appropriate attention. A recent Entrepreneur article went over some of these things.

Study: Research productivity has been trending down in the U.S.

Has it become harder to come up with big new ideas? A recent Stanford Institute for Economic Policy Research study suggests that, here in the U.S., it has in the research and development world.

The study looked at research productivity in the United States. This is the amount of innovation being generated per scientist/inventor. The study found that, over the past several decades, research productivity has gone down significantly in the country. Meanwhile, there has been a significant increase in the number of people involved in research and development efforts over this same period.

What constitutes patent infringement?

Once have your issued patent, you must be diligent in enforcing it. Other individuals or companies may infringe upon your patent. According to U.S. patent law, no one can make, use or sell a patented invention without proper authority. But what exactly constitutes infringement? How do you enforce your patent?

Patent enforcement can seem confusing, and you probably have several questions. Keep reading for a quick guide to enforcing your patent. 

Don't risk losing your intellectual property rights by failing to act.

Register for patent, trademark or copyright protection by calling Kaufhold & Dix at 952-426-0314 or 605-334-1571.

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