Discretion and Confidentiality
Describe what is intellectual property?
Intellectual
property (IP) is the property of your mind or proprietary knowledge and can be
an invention, a trade mark, a design or the practical application of your idea.
IP can be a very valuable business asset and it is important that you
understand it and know how to protect it.
What is a confidentiality agreement?
A legal contract between at least two parties that outlines confidential
material, knowledge, or information that the parties wish to share with one
another for certain purposes, but wish to restrict access to or by third
parties. It is a contract through which the parties agree not to disclose
information covered by the agreement. An NDA creates a confidential
relationship between the parties to protect any type of confidential and
proprietary information or trade secrets. As such, an NDA protects non-public
business information.
NDAs are
commonly signed when two companies, individuals, or other entities (such as
partnerships, societies, etc.) are considering doing business and need to
understand the processes used in each other’s business for the purpose of
evaluating the potential business relationship. NDAs can be "mutual",
meaning both parties are restricted in their use of the materials provided, or
they can restrict the use of material by a single party.
It is also
possible for an employee to sign an NDA or NDA-like agreement with an employer.
In fact, some employment agreements will include a clause restricting
employees' use and dissemination of company-owned "confidential
information."
How does all this relate to Graphic Design Industry?
As a
designer, you are in the business of creating intellectual property (IP). Your
IP is a valuable business asset and knowing how to protect it can be central to
your business success
Protect your creative ideas and designs
You
generate IP when you create something new or original and you can protect your
ideas or designs by obtaining an IP right. As a designer you generate IP
through the inventions, brands, logos, books, films, new product designs and
artistic work that you create.
Australia's
IP laws provide a legal framework to protect your creative ideas and designs.
Legally enforceable IP rights encourage technological innovation and artistic
expression for many industries including the design industry. IP protection is
also one of the key building blocks of Australia's economy because it helps
foster creativity and reward innovation.
Designers
are entitled to profit from their work
Designers
should be rewarded for their innovation and creativity. IP is a very valuable
asset and an IP right allows you to protect your design from being copied or
misused. The legal protection of an IP right provides you with the exclusive
permission to use, control and therefore profit from your design work.
Not all
designers know how to go about protecting their work. Depending on the type of
IP you create, your design may be eligible for protection under copyright,
designs and / or trademarks legislation. In Australia, copyright is granted automatically which
means that you don't have to apply for it. To be protected under the designs
and trade mark legislation you need to apply for a right to be granted.
Summary:
Intellectual
property (IP) is the property of your mind or proprietary knowledge and can be
an invention, a trade mark, a design or the practical application of your idea.
A
confidentiality agreement is a legal contract between at least two parties that
outlines confidential material, knowledge, or information that the parties wish
to share with one another for certain purposes, but wish to restrict access to
or by third parties.
It all
relates to the Graphic Design Industry by helping you protect your creative
ideas and designs.
Copyright
Resources
For an
excellent starter reference:
Also the FAQ on the USCO site is another good place to start:
And the USCO's Circular page:
Current copyright Terms in regard to Public Domain (this is the most concise
explanation I've seen that helps determine Public Domain usage):
Other sites that have copyright info and legal assistance:
For a list of VLA organizations by state:
For some interesting case studies in copyright law:
Discretion and confidentiality
