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Showing posts with label Discretion and Confidentiality. Show all posts
Showing posts with label Discretion and Confidentiality. Show all posts

Thursday, July 19, 2012

Confidentiality


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?
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 companiesindividuals, 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
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