What Type of Intellectual Property is a Film?
Films are powerful, motivating, exciting, emotionally charging and innovative. They entertain and educate like no other form of art can. And they provide incredible connections to the creative mindsets of the screenwriters, actors, artists and technicians involved in their production. Because films represent such a unique form of art. Which pushes the bounds of creativity they are afforded specific intellectual property rights. Also known to include coverage by copyright, trademark and patents. But what type of intellectual property is a film?
Intellectual Property in Film
Films represent some of the most complex styles of art that are protected by intellectual property rights. Specifically the Copyright U.S. Copyright law provides unique representation and protections for the artists that create movies and films.
In fact, virtually every stage of the filmmaking process is protected by some form of intellectual property rights. From the idea conception through the post-production distribution process and merchandising.
While the copyright protects films most fluently, there are other forms of intellectual property rights. Which can also come into play for a filmmaker.
Specific Trademarks
Specifically, trademarks may come up in regards to a specific word, design or symbol that is coined by a film as well as in certain phrases.
So in addition to the scripts of a film having copyright protections under intellectual property rights. Certain phrases may also be specifically trademarked for some larger, more popular films.
Copyright Protections for Filmmakers
In examining an answer to the common question, “What type of intellectual property is a film?” It’s most suitable to consider copyright law. As film treatments or screenplays are tangible intellectual property which can be protected by the copyright.
The Copyright represents the most common intellectual property right protection. One provided to filmmakers for the documentation of ownership relative to the written screenplay.
And any option agreements that are secured for the adaptation of other works. Including books, short stories or articles.
Actors Rights
Actors rights are also protected under intellectual property law. Throughout the film production process, the transfer of ownership and intellectual property rights will follow a specific path.
In which a chain of title is maintained. To ensure appropriate bargaining power in the negotiation of future contract terms and expansion of underlying rights to the works in a film.
Intellectual Property Protections for Filmmakers
Screenplays represent a tangible form of intellectual property. Which is protected by a U.S. Copyright. Creatives can seek protection by copyright simply by writing down their film ideas.
As well as preparing a thorough film treatment or outline. And documenting the original work of authorship in some way. In fact, copyright protection can be afforded to filmmakers. If they write down, film, or otherwise record their film ideas on tape.
While the individual idea, in the creative’s mind, is not able to be copyrighted. Intellectual property rights do provide protections for the works. Once they have been created in tangible format. Such as in a film treatment, film script outline, or even a synopsis.
Since film is protected by a copyright, the following protections are afforded for filmmakers:
- The right to make copies and distribute the work.
- Right to perform the work in public.
- The right to display the work in public.
- Right to create derivative works from the original work.
Chain of Title
Through copyright law, and contract law. The means of negotiations by producers to secure various IP rights.
Which define the individual contributions and protections of the various parties involved in a production are outlined.
This represents the chain of title, or the documentation of intellectual property rights and copyrights for the film.
Trademarks in Films & Film Merchandising
While the copyright represents the primary means of intellectual property rights for a film. There are elements of the production and creative works. Which are protected by trademarks and patents, too.
Films may have trademark protections. Which cover specific assets of a film. As well as the merchandise that is produced for sale in conjunction with a film.
Trademarks generally protect goods produced by the filmmaker in connection with the film. And, therefore, must not be reused, resold. Or otherwise infringed upon without explicit, written permission.
Brand Protection
Trademarks are a protection for the brand of the film. Representing an entirely separate source of capital and completely different means of protection.
In answering the question, “What type of intellectual property is a film?” Technically the film itself is tangible property which is protected by a copyright.
However the merchandise and the brand that is created to represent the film can be protected by a trademark.
What Can Be Protected
Under trademark protections, certain words, phrases or pictures can be protected. This may include brand logos and other details that are specific to the film.
Under trademark protections, non-conventional trademarks may also arise in filmmaking. This includes things like certain distinguishing features of a company.
Such as a trademarked shape of a product that is merchandise relative to the movie. Or even a particular smell.
(Although not specific to film, Coca-Cola bottles have trademarked their shape. And Dell has trademarked the corporate brand name under these non-conventional trademark protections).
Real Life Examples
Movie studios frequently trademark their brands, icons, or logos. For example, you’re probably very familiar with the Pixar logo, the Disney logo, and icons related to major movie studios including 20th Century Fox?
All of these recognizable features, including logos and the visual shapes and word structure for each brand, have been trademarked. And are protected under intellectual property laws.
Characters can also be trademarked. For example, Mickey Mouse, the world’s most famous mouse, is a trademark owned by Disney. Likewise, many Star Wars characters and collectibles such as the light saber have been trademarked.
Whenever a movie or film appears to have this cult-like following, the merchandise items and specific characters, logos or other memorable assets relative to the production might be trademarked. So as to provide specific intellectual property rights for the creator.
Patented Technology in Films
Finally, intellectual property rights for filmmakers can also stem down to the technical innovations that are used in the production and post-production processes.
These technologies are under patent protection. U.S. patent law provides special protections for a variety of innovative elements of the fil industry.
In the past, patents were sought for the protection of the innovative sound additions to films. Including the Vitaphone which was used in the first full feature talkie. As well as Dolby Surround Sound, which was introduced in 1982 to the film industry.
Newer Technologies
Whenever a technological breakthrough is involved in the filmmaking process, the creator of the new technology is frequently involved in seeking a patent to protect their invention.
Just like copyright protections, and protections for trademarks, patents provide protections for the innovative technology that is used in the production, editing, and post-production distribution or other enjoyment of films.
The Takeaway
As you can see, answering the question, “What type of intellectual property is a film?” can lead into several scenarios in regards to explaining intellectual property protections and the rights that film creators and those involved in the production of these works have.
From the initial idea for a film, through the process of production, and the creation of innovative technologies which can be patented and further protected.
Films are intellectual property which is primarily under protection of U.S. copyright. But which can also be afforded coverage through patent protections and trademarks, too.
