I don’t always find myself on the same side of agreement with many people in regards to the law, but with enough sound logic, it doesn’t take a lot to convince me. Like any decent lawyer should, Kimball advised me to establish an LLC once I get myself settled in my new state of residence and inquire about the necessary documents within their jurisdiction. “An LLC offers the limited liability of a corporation and the tax status of a partnership.” (Introduction to Business Law, Beatty/Samuelson, pg. 377) Although I have always been hesitant to pursue the idea of creating my own business, as a photographer, a lot of the work that we are hired for will still be contracted – unless we are working for a larger company and therefore do not have to worry about the logistics. This will help to ensure that my assets and creative content are protected, in the event of difficult or unpredictable times.
Overall, the focus of our discussion was centered on both ideas and the products of those ideas, because a creative concept is sometimes not enough to warrant protection unless it has been implemented. “A patent is not available solely for an idea, but only for its tangible application.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) The basic principle for intellectual property and protecting your right to that copyright is still the same, however: you can copyright the expression of your intellectual property and that cannot be infringed upon, but others can still make derivatives of your work. “Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies are about a parent and child who switch bodies. The movies all have the same plot, but there is no copyright violation because their expressions of the basic idea are different.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Sometimes, the technicalities can be extremely frustrating, which is why you should know the differences between the types of protection that are available to creators.
Kimball and I discussed what the limitations of a creative commons license were versus that of a registered copyright, and ultimately, it is up to the content creator to decide what is best suited for them – however, if you are seeking to make money on your intellectual property, then you should take all necessary precautions to guard that money with the appropriate copyright. Kimball was insistent – and right – in saying that the most important step to being an artist in the business world is to protect your creative content before worrying about what legal forms you need to run your business. After all, if you don’t protect what will make you money, you may not have a business. “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material. ” (Introduction to Business Law, Beatty/Samuelson, pg. 507) Unfortunately, despite the steps that we as content creators take, there will always be an instance where we may have to initiate a “cease and desist” or take further legal action. “Many consumers are in the habit of violating the law by downloading copyrighted material for free. They seem to believe that if it is easy to steal something, then the theft is somehow acceptable.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Living in the digital age, it is almost impossible to track who and what is viewing your information, let alone stealing from you, but once you have taken legal precautions before the theft, you will be covered from damages or loss.
Overall, the focus of our discussion was centered on both ideas and the products of those ideas, because a creative concept is sometimes not enough to warrant protection unless it has been implemented. “A patent is not available solely for an idea, but only for its tangible application.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) The basic principle for intellectual property and protecting your right to that copyright is still the same, however: you can copyright the expression of your intellectual property and that cannot be infringed upon, but others can still make derivatives of your work. “Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies are about a parent and child who switch bodies. The movies all have the same plot, but there is no copyright violation because their expressions of the basic idea are different.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Sometimes, the technicalities can be extremely frustrating, which is why you should know the differences between the types of protection that are available to creators.
Kimball and I discussed what the limitations of a creative commons license were versus that of a registered copyright, and ultimately, it is up to the content creator to decide what is best suited for them – however, if you are seeking to make money on your intellectual property, then you should take all necessary precautions to guard that money with the appropriate copyright. Kimball was insistent – and right – in saying that the most important step to being an artist in the business world is to protect your creative content before worrying about what legal forms you need to run your business. After all, if you don’t protect what will make you money, you may not have a business. “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material. ” (Introduction to Business Law, Beatty/Samuelson, pg. 507) Unfortunately, despite the steps that we as content creators take, there will always be an instance where we may have to initiate a “cease and desist” or take further legal action. “Many consumers are in the habit of violating the law by downloading copyrighted material for free. They seem to believe that if it is easy to steal something, then the theft is somehow acceptable.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Living in the digital age, it is almost impossible to track who and what is viewing your information, let alone stealing from you, but once you have taken legal precautions before the theft, you will be covered from damages or loss.
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