Demystifying Intellectual Property: Protecting Your Creations from the Start

Intellectual Property might sound like an intimidating legal concept, but understanding these key legal concepts helps creators protect their work and build a lasting brand.

In a recent WiT webinar, entertainment, licensing, and IP attorney Michele Martell (whose career began with the Muppets and spans over three decades) shared real-world advice for creators and entrepreneurs navigating the world of IP. Michele reminded us that IP isn’t just for lawyers. Understanding your rights from the start can make all the difference.

Here are a few key takeaways from the session:

Start Thinking About IP Early

People often wonder how early in the process they should be investigating the status of their intellectual property rights. And Michele’s advice is that you should be paying attention to it right out of the gate.

The earlier you start exploring how to protect your work, the better. Think of IP as part of your creative process, not something separate from it. Think about what you have that is “ownable” and how that could build a foundation for your intellectual property rights.

You don’t need an attorney to start paying attention to what you can learn from the marketplace.

Understand the Different Types of IP

In the United States, there are multiple types of intellectual property rights:

• Copyrights protect original works of authorship, fixed in a tangible medium of expression - gives a creator the right to prevent someone from copying or making a derivative work;

• Trademarks serve to identify the source of goods or services - think product names, logos, or brand identity;

• Patents protect inventions or functional design features (such as unique mechanics in a product) - gives a creator the exclusive right to make, sell, monetize their invention for a period of time; and 

• Trade secrets and personality rights (name/image/likeness) provide further layers of protection depending on the context.

Build a Web, Not a Wall

There is no such thing as perfect protection. That’s why a layered approach works best. Assess what you have or what you're creating and then really think about all aspects of intellectual property and how you can use them as a whole, in a strategic manner as your business evolves.

A board game, for example, might include a copyrighted rulebook, trademarked name, and design-patented board layout. When used together, these layers make your IP harder to copy and more appealing to license or invest in.

IP is Ongoing, Not “One and Done”

Registering a trademark or copyright isn’t a checkbox to tick and forget. Your brand, products, and markets will evolve, and so should your IP protections. A regular “IP hygiene” practice, like reviewing your rights quarterly or annually, helps ensure your protections keep up with your business.

Think Globally (Eventually)

If you have international aspirations, consider expanding your IP protection to other key markets like Canada, the EU, or Mexico. While many creators start with the U.S., international protection becomes important as your brand scales.

One Big Takeaway

You can do this. As you've discovered in the process of inventing, creating and building your business, there have been a million things that you don't know, and you realize that you are not expected to know all of them. You realize that this is a lifelong journey, that you can be part of this industry for a long time, and that you're learning from everything that is happening.

There is a sense of calmness when you understand that this is an archetypal process - it is ok that you are learning as you go.

This blog is inspired by the WiT Webinar “Intellectual Property Protection with Michele Martell.” Watch it on WiT’s Video Library. More information about Michele’s practice can be found at www.martellmediahouse.com

NOTE: The contents of this blog are intended to convey general information only and not to provide specific legal advice or opinions, and should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. Nothing in this blog is an offer to represent you, and is