Intellectual Property Solicitor Kelly Hudson joins hosts Matthew Newman and Kevin Owens to discuss the world of IP, copyright, trademarks, ownership, trials, tribulations and litigation in the creative industries.
Kelly shares anecdotes about exciting moments in trials and emphasises the importance of preserving electronic data in cases. The discussion delves into copyright laws, including joint ownership and infringement.
Kelly also talks about the importance of clear contracts and the potential messiness of disputes involving them. The episode also touches on trademark law, including the difficulty of obtaining smell-based trademarks and the importance of choosing a distinctive trademark.
Listeners will gain insights into the legalities and complexities of intellectual property in creative industries.
- Introduction to the speaker and their background in civil trials
- Importance of preserving electronic data and disclosure requirements
- Copyright and ownership issues in creative industries
- Settling copyright infringement cases and the importance of good contracts and records
- Types of works that can be copyrighted and protecting other intellectual property rights
- Difficulty in obtaining smell-based trademarks and creating distinctive trademarks
- Importance of clear contracts in creative industries and the role of patent attorneys
- Strength and validity of unregistered intellectual property rights
- Copyright covers every document and idea expression, and can be infringed through different mediums
- Joint ownership of copyright can be challenging to determine, and collaboration may complicate copyright ownership
- Settlements in copyright infringement cases are the norm, with only 5% reaching trial
- Trademark registration is relatively cheap in the UK and can build significant goodwill for a business
- Clear and precise contracts are essential to avoiding legal issues and disputes, and can save time and money in the long run
- Patents are not always applicable to a product due to the nature of inventions or methods
- Copyright is a strong right that can last for a long time, as exemplified by the recent expiration of Happy Birthday's copyright
- Unregistered intellectual property rights can be just as strong and valid as registered ones
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