educational

Intellectual Property

Editor's note: Whether it's the pilfering of photo and or video content, entire websites or business practices, the online world, both mainstream and adult, is rife with issues of intellectual property infringement. As some of the basic factors involved are often the subject of confusion, I present the following basic definition of intellectual property for your consideration:

Ignorance of the law excuses no one. If you are unaware of your law, then you are in for big trouble. To better understand what your rights and duties are, educate yourself.

Issues regarding intellectual property rights are an important topic of discussion as many things revolve around this theme. Knowing what an intellectual property is, is the first step in our education. The U.S. Department of State defines it as:

"Creative ideas and expressions of the human mind that possess commercial value and receive the legal protection of a property right. The major legal mechanisms for protecting intellectual property rights are copyrights, patents, and trademarks. Intellectual property rights enable owners to select who may access and use their property, and to protect it from unauthorized use."

This definition gives emphasis on the word protect. Indeed, it is designed to extend protection to the creator of a certain creative work or a product. Legal provisions are installed to give the owner the exclusive right to control access and use of his property. The law provides for specific procedures when a violation of these rights is committed.

Copyrights and industrial property are two categories that make up intellectual property.

Copyright laws provide for the owner an exclusive right to control access of his creative work. Variations may exist with different countries but this is the basic idea.

Industrial property includes such things as patents and trademarks. A patent is defined as a legal grant issued by a government permitting an inventor to exclude others from making, using, or selling a claimed invention during the patent's term.

A trademark on the other hand is a name or symbol secured by legal registration that identifies a manufacturer's or trader's product or service and distinguishes it from other products and services.

Any infringement on these rights entitles the owner to a day in court. Filing a lawsuit is a must if you want to be compensated for the damages you have received. Of course you won't know if you are already being violated unless you know what you're rights are.

There is a great need for us to be familiar with the concepts of intellectual property laws for us to know when we are being wronged and what needs to be done to address that wrong. Like they always say, "Knowledge is Power."

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

TeamSkeet Debuts Swappz Channel, 'Swapception' Feature

Chief Revenue Officer Brandon explains, “The inspiration behind ‘Swappz’ emerged from a growing market demand for niche adult content that pushes boundaries and explores the taboo themes and deal-striking handshakes of swaps.”

Alejandro Freixes ·
profile

WIA Profile: Samantha Beatrice

Beatrice credits the sex positivity of Montreal for ultimately inspiring her to pursue work in adult entertainment. She had many friends working in the industry, from sex workers to production teams, so it felt like a natural fit and offered an opportunity to apply her marketing and social media savvy to support people she truly believes in and wants to see succeed.

Women In Adult ·
opinion

Understanding the Latest Server Processors

Over the last decade, we mostly stopped talking about CPU performance. Recently, however, there has been a seismic and exciting change in the CPU landscape, due to innovation by a chip company called Advanced Micro Devices (AMD).

Brad Mitchell ·
opinion

User Choice, Privacy and the Importance of Education in AV

As we discussed last month, age verification in the adult sector is critical to ensuring legal compliance with ever-evolving regulations, safeguarding minors from inappropriate content and protecting the privacy of adults wishing to view adult content.

Gavin Worrall ·
opinion

Maintaining Payment Processing Compliance When the Goalpost Keeps Moving

VIRP is the new four-letter word everyone loves to hate. The Visa Integrity Risk Program went into effect last year, and affects several business types — including MCC 5967, which covers adult and anything else with nudity, and MCC 7273, dating services that don’t allow nudity.

Jonathan Corona ·
opinion

Making the Most of Your Sales Opportunities

The compliance road has been full of twists and turns this year. For many, it’s been a companywide effort just to make it across that finish line. Hopefully, most of us can now return our attention to some important things we’ve left on the back burner for months — like driving revenue.

Cathy Beardsley ·
opinion

Disruptive Films Unfurls Taboo Sex Banner 'Deviants'

Disruptive Films is well known for its kinky and taboo storylines. Now, the studio looks to unfurl Deviants: a new brand that shows taboo sex in a different light, diverging from the often-grim tone of traditional kinky fare to present a new vision.

Alejandro Freixes ·
profile

YourPaysitePartner Marks 25-Year Anniversary Amid Indie Content Renaissance

For 25 years, YourPaysitePartner has teamed up with stars and entrepreneurial brands to bring their one-stop-shop adult content dreams to life — and given the indie paysite renaissance of the past few years, the company’s efforts have paid off in spades.

Alejandro Freixes ·
opinion

WIA Profile: B. Wilde

B. Wilde considers herself a strategic, creative, analytical and entertaining person by nature — all useful traits for a “marketing girlie,” a label she happily embraces.

Women In Adult ·
opinion

Proportionality in Age Verification

Ever-evolving age verification (AV) regulations make it critical for companies in the adult sector to ensure legal compliance while protecting the privacy of adults wishing to view adult content. In the past, however, adult sites implementing AV solutions have seen up to a 60% drop in traffic as a result.

Gavin Worrall ·
Show More