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Do You Need an Intellectual Property Lawyer



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By : Steve Kayhill    99 or more times read
Submitted 2011-04-13 13:51:42
Feel like you've got a case to hire an intellectual property lawyer because someone stole some content or an idea from you? You may want to research just what classifies as intellectual property before filing a claim. Speaking to a lawyer can certainly give you direction, and you can use this information to see if there has been some violation of your intellectual property rights.

What are Intellectual Property Laws & What Do Lawyers Have to Do With It?

Basically the intellectual property laws relate to issues such as copyrights, trademarks and patents. These laws, well known to intellectual property lawyers, give people the right to own and profit from any of their talents be they artistic, scientific, or some other random creation - primarily for a set period of time. There are a lawyers who specialize in this particular field of law to ensure that your rights are protected.

Where the Intellectual Property Rights Came From

All you have to do is consider the men who were the founding fathers of the United States. Those individuals who drafted the constitution were set on protecting intellectual property rights because they themselves were of the same ilk - scientists, artists, inventors, entrepreneurs, etc. Thanks to the constitution, your intellectual rights are covered.

Article 1, Section 8 of the Constitution states: "Congress shall have the power to... promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (US Const., art I. sec. 8, cl. 8.).

Intellectual Property Law on the Web

If you have a fansite or some other website that you own, you actually can't share content on that site that is the intellectual property of another individual - such as trying to share song lyrics, poetry or prose. It's covered under intellectual property laws and sharing or distributing that content might earn you a strongly worded letter from an intellectual property lawyer coupled with an order to pay damages as well as a cease-and-desist order.

When Intellectual Property is Protected

As soon as your idea or creative work takes tangible form it had some limited protection under the copyright system here in the U.S. That doesn't mean however that you're fully covered. While you don't have to register a copyright, you may prefer the protection it offers as the official copyright is the only real proof in court that an idea belongs to you.


Deciding Who Does What with Intellectual Property

The benefit to fully registering your intellectual property is that you get to have complete say in how your creative works are handled and used including distribution, copying, citation, derivative content and more. If you're not sure how to register to protect your rights you can consult with an intellectual property lawyer.

The only time when there may not be a legal issue where an intellectual property lawyer comes into play is when content is used, displays, distributed or parodied under the fair use act. It's important to understand whether or not the fair use act applies to the content in question so additional research will be necessary.

Author Resource:

Don't let others take advantage of what you and your organization created. Consult with an intellectual property lawyer to protect your copyright and trademarks. Discover the benefits of leveraging the in house legal advantage to protect you.

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