IP & Copyrights Need to Know

Lesson Plan for Projects & Creators

Prepared by Komard

OVERVIEW & PURPOSE

I want to start today's klass by saying I am not an attorney and the information in this klass is only to give a basic understanding of what IP Rights are and how to be clear about the permissions you are giving with the content you create. 

WHAT ARE IP RIGHTS?

IP rights are the rights given to persons of their creations of their minds. Typically the creator has exclusive rights over the use of his/her creation for a duration of time. The types of property that is generally covered include:

• Artwork
• Website designs
• Images
• Videos
• Music
• Games
• NFT’S

The creator can dictate who can do what with these creations. As this klass relates to intellectual property and the rights of these properties you should know:

Intellectual property rights are customarily divided into two main areas:

Copyright and rights related to copyright

The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author.

Also protected through copyright and related (sometimes referred to as “neighboring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.

Intellectual property, or (IP), is often protected by trademarks, patents, or copyrights.For more information on Trademarks, Patents, and Copyrights visit the https://www.uspto.gov/

Depending on the type of IP, you might be comfortable giving away the rights to the content you created or you may choose to protect them to the fullest extent. This is where an intellectual property disclaimer statement comes in handy. Be clear about your disclaimer and what is and is not being relinquished.

WHAT IS IP INFRINGEMENT?

IP and Copyright infringement occur when an entity uses a creation in any manner not approved by the creator.Infringements can include derivatives, reproduction, distribution, sales and any use outside the uses given by the creator.

EXAMPLES OF IP INFRINGEMENT

Recently we as creators have seen an increase in the number of lawsuits regarding IP and Copyrights.Some of the bigger cases include a lawsuit initiated by Miramax Films against creator and author Quentin Taratino for selling 7 Exclusive scenes from the infamous classic film Pulp Fiction. As the creator of the film it is in my opinion his right to do so but I do not know what the contract contained when he signed with Miramax. Miramax claims “NFTS do not fall into the umbrella of the contract.”

Another example includes Rapper Lil Yachty who has also entered into NFT litigation. In January 2022, Lil Yachty, whose real name is Miles Parks McCollum, filed a lawsuit in a California federal court claiming that an NFT seller, Opulous, committed trademark infringement for its use of his name and likeness to raise over $6.5 million in venture capital funds. Lil Yachty’s complaint alleges that Opulous launched an advertising initiative for a “Lil Yachty NFT Collection '' that would grant buyers access to new music from Lil Yachty, featuring images of him. Lil Yachty and Opulous had previously discussed the rapper’s potential involvement in the launch of Opulous for selling music copyright-backed NFTs.

Despite the two parties never entering into an agreement wi