What steps can you take to protect your intellectual property in video production contracts?

1 Identify your IP assets

The first step is to identify what IP assets you have in your video production and what kind of protection they need. For example, you may have copyright, trademark, or trade secret rights in your video content. Copyright protects the original expression of your ideas, such as your footage, script, and music. Trademark protects the distinctive signs that identify your brand, such as your name, logo, and slogan. Trade secret protects the confidential information that gives you a competitive edge, such as your methods, techniques, and strategies. You should make a list of all your IP assets and their categories, and check if they are registered or unregistered, exclusive or non-exclusive, and transferable or non-transferable.

2 Negotiate your IP terms

The second step is to negotiate the IP terms in your video production contracts with your clients, collaborators, and suppliers. You should clearly define who owns the IP rights in the video content, who can use it, how, when, where, and for how long. You should also specify the compensation, attribution, credit, and warranty for the IP rights. For example, you may want to retain the ownership of your footage and grant a limited license to your client to use it for a specific purpose, duration, and territory. Or you may want to transfer the ownership of your script and music to your client and receive a one-time payment and credit for your work. You should also include clauses that protect your IP from unauthorized use, infringement, or disclosure by third parties.

3 Register your IP rights

The third step is to register your IP rights with the relevant authorities, if applicable and possible. Registration can provide you with legal proof, recognition, and enforcement of your IP rights. For example, you can register your copyright with the U.S. Copyright Office, your trademark with the U.S. Patent and Trademark Office, or your trade secret with the U.S. Department of Commerce. Registration can also help you prevent or resolve disputes over your IP rights with other parties.

4 Monitor your IP use

The fourth step is to monitor how your IP is used by your clients, collaborators, suppliers, and competitors. You should keep track of the performance, feedback, and impact of your video content in the market. You should also watch out for any potential or actual violations of your IP rights, such as copying, modifying, distributing, or displaying your video content without your permission or acknowledgment. You should use tools and methods to detect and document any IP infringement, such as watermarks, timestamps, metadata, reverse image search, or content identification systems.

5 Enforce your IP rights

The fifth step is to enforce your IP rights if you find any infringement or misuse of your video content. You should take action to stop the infringement, recover your damages, and protect your reputation. You should also seek legal advice and assistance from a qualified IP lawyer or agency. You should use the appropriate remedies and procedures to enforce your IP rights, such as sending a cease and desist letter, filing a complaint, requesting a takedown notice, or initiating a lawsuit.

6 Educate yourself and others

The sixth step is to educate yourself and others about your IP rights and responsibilities in video production. You should keep yourself updated on the latest laws, regulations, and trends that affect your IP rights. You should also share your knowledge and experience with your peers, clients, collaborators, and suppliers. You should promote a culture of respect and recognition for IP rights in the video production industry. You should also join or support organizations and initiatives that advocate for IP rights and awareness, such as the Association of Independent Video Producers, the Creative Commons, or the World Intellectual Property Organization.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?