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Intellectual Property:

As of 2024, Mickey Mouse has joined figures like Winnie the Pooh and Tigger in the public domain. One of the most iconic mascots for a corporation is now open to be used by independent creatives. Many more IPs will follow if they haven't already.

Additionally, due to the prevalence of streaming, digital pirating of IP is easier than ever.

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Office of International Intellectual Property Enforcement (IPE)

Intellectual property enforcement - united states department of state. (n.d.). https://www.state.gov/intellectual-property-enforcement/

With a few exceptions, most creatives have exclusive rights to their intellectual property. Any unethical and unlawful use of the IP by other parties can result in litigation

Writer's Guild of America

https://www.wga.org/

Writers have rights to their works, until they sell their script or script rights to a studio

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3. Federal and State Constitutional Laws

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3. Federal and State Constitutional Laws

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Federal Constitution:

U.S. Const. art. 1, § 8, cl. 8.

https://constitution.congress.gov/browse/essay/artI-S8-C8-1/ALDE_00013060/#:~:text=Article%20I%2C%20Section%208%2C%20Clause,their%20respective%20Writings%20and%20Discoveries.&text=See%20Act%20of%20Apr.

Individuals have exclusive rights to the things they make, including artworks, writings, and inventions

California Constitution:

Cal. Gov. Code § 13988.3

https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-45-transportation-agency/chapter-2-intellectual-property/section-139883-sharing-records-and-information-relating-to-intellectual-property-confidentiality-of-information-shared?q=intellectual%20property&sort=relevance&p=1&type=statute&jxs=cacode,careg,casct,caapp,cawcab,calsecsrcs

Information about government or state IP can be disclosed only with permission from the agency

If any of the IP information is confidential, no information can be leaked in any form

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Statute:

Cal. Pub. Resources Code § 25620.4

https://law.justia.com/codes/california/2022/code-prc/division-15/chapter-7-1/section-25620-4/

Some IP-generated profit and benefits go to the state

Administrative Law:

Cal. Code Regs. tit. 3 § 323

https://www.law.cornell.edu/regulations/california/3-CCR-323.1

Inventors and creatives have exclusive rights to their IP unless otherwise specified and as long as proper documentation and verification are achieved

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Dastar Corporation v. Twentieth Century Fox Film Corporation

Dastar Corporation v. Twentieth Century Fox Film Corporation, Oyez, https://www.oyez.org/cases/2002/02-428 (last visited May 8, 2024).

While media is in the public domain, creditless reference and use is permitted, however, if a company (or in this case, studio) reaffirms copyrights, then creditless use and reference is a violation of said copyright.

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Leahy-Smith America Invents Act

Pub. L. 112–29, §7(a)(2), Sept. 16, 2011, 125 Stat. 313

https://www.uspto.gov/sites/default/files/aia_implementation/20110916-pub-l112-29.pdf

When a proceeding isn't dismissed, a board will write up a document that says whether or not an inventor copied a patented invention without permission

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Writers' Guild Creative Rights:

https://www.wga.org/uploadedfiles/know_your_rights/creative-rights.pdf

While writers' works are supposed to be sold or leased out to film/tv makers, their IP is still covered legally

Contracts MUST be written before a studio gets rights to a writer's work

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Ensure proper documentation and verification for creative work copyright

Conduct regular audits and inventories of current and soon-to-be-public IPs

Take action against IP violations; not just for financial gain but to also discourage copycats

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Writer's Guild Protection Violations

https://www.wga.org/uploadedfiles/know_your_rights/creative-rights.pdf

Writers must make sure all the steps were followed, else studios could "legally" steal your IP

Accounts of film studios hiring writers for short bursts, then modifying the scripts to not be considered the writer's IP (dealt with in the recent WGA strikes)

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There is so much intellectual property that surrounds us, much more than people may assume at surface level

As a business major, knowing about and being mindful of IPs (both mine and others) is part of the job and is integral to making profits

Additionally, as an avid media-consumer and hopeful film industrialist, I must be aware of the legal ramifications of IP creation and use, again, both for my and my company's, and others'

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11. Bulleted list of Recommendations / Best Practices for Compliance

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11. Bulleted list of Recommendations / Best Practices for Compliance

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Know what counts as Intellectual Property

Make sure to have proper documentation and verification not only to protect your IP, but to also make sure you have IP to protect

Do not use any IP without proper credit

Do not use any IP or IP information without proper authorization

If IP was once in the public domain, but now isn't, credit the creative/inventor

If you sell your copyrighted works to another party, understand you do not have inventor rights to the copyrighted work until it is in the public domain, but ONLY then

For members of the Writers Guild of America, the can only sell their works if a contract has been written, and the writers' are receiving appropriate compensation for their work

In some instances, the state of California may receive benefits such as royalties and a percentage of proceeds from IP