Your business plan should include an intellectual property (IP) strategy to maximise the value of your intangible assets. Copyright can either assist or hinder, so it pays to consider it early.
- Identify your Copyright Works
Copyright covers many different things, including art, music, computer code and other written material (like websites, blogs, and even Tweets). In New Zealand, whenever you make a prototype or prepare design drawings for a new product, you have also created an enforceable copyright work.
- Keep Good Records
Copyright is not registered in New Zealand. That is more of a reason for a full IP business strategy. To enforce your IP rights, you need good records of who created each work, and when and where it was created. For peace of mind, also confirm in writing who owns the copyright in created works. Good ways to do that are to include wording in employment agreements, business terms and conditions, and bespoke contracts for special projects.
- Be Original
Evidence of an independent design path can be a strong defence if you are accused of copying and infringing someone else’s existing rights. New Zealand is much more restrictive than some overseas jurisdictions (such as the US) about what you are allowed to do without infringing. There is no “safe” percentage you can change someone else’s work to avoid infringement.
- Confront Copycats
Most infringers are unaware of copyright rules. Pointing out the problem and demanding they stop can often be effective. If not, our dispute resolution team can work with you to use the available enforcement mechanisms to protect the value of your copyright works.
- Consider Complementary Protections
Copyright is free to have, but can be complicated to enforce. Strategic use of registered rights such as designs, patents, or trade marks can supplement your copyright protection. This can be especially important in overseas markets with their different copyright rules. By getting to know your business, we can help devise and implement effective solutions and strategies that are tailored to your particular requirements.
With over 20 years’ experience in intellectual property law, Virginia’s advice to avoid problems is simple – think strategically and act early. Getting the right IP protection in place can avoid time consuming and costly legal disputes.
If you would like to discuss your intangible assets, please contact Virginia Nichols.