Protecting Intellect
In terms of advertising, television commercials are strategically important in today’s world. Advertisements reach millions of people with certain products or services. Since it may take time, effort, and resources to create such ads, it is highly essential for the advertiser to ensure that no one else uses or copies the ad. This leads to the question: Can Intellectual Property Rights (IPRs) protect TV advertisements?
Surprisingly, the answer is yes, IPRs can indeed help in protecting TV advertisements provided that many factors—the type of content used in the advertisement its presentation, duplicacy, etc. Let’s explore how different aspects of intellectual property law apply to TV commercials.
1. Copyright Protection
The primary form of intellectual property protection for a TV advertisement is copyright. A television commercial, for instance, may take the form of creative work through script, visuals, music, and audio. Therefore, putting these aspects together gives a brand-new, original work entitled to copyright. Copyright protection automatically occurs after the creation and fixing of any work in tangible media; most jurisdictions offer such across India, the United States, and Europe.
-Script and Dialogue: The script as such, the dialogue, and narration of the advertisement can be copyrighted as a literary work.
– Visuals and Graphics: The overall look and feel of the commercial including its design, cinematography, and editing can be copyrighted as a visual work.
– Music and Sound Effects: Any original music, jingles, or sound effects created for the ad can be copyrighted as long as they are original compositions.
Copyright grants the creator exclusive rights to reproduce, distribute, and perform the work. This makes others not use the commercial or its components without permission other than when fair use, among others, applies.
2. Trademark Protection
To protect TV commercials, there is one more important feature called ‘Trademark Law.’ Trademark elements often appear in a commercial if it refers to a brand name, logo, or slogan. A trademark protects a symbol, word, or other identifying characteristic that distinguishes the goods and services of one business from those of others.
For example, if a company widely displays a particular logo or jingle with which consumers identify the brand, the trademark will be able to bar a competitor from using a similar logo or jingle likely to cause consumer confusion.
3. Trade Dress Protection
The Trade Dress protection consists of the Ad’s general look and feel. It includes colours, packaging, visual look, etc. In certain instances, if the commercial’s design is distinctive and non-functional, it may be protected under trade dress law. This will prevent competitors from using a similar visual style or layout of the commercial that might confuse consumers.
4. Performance Rights
If a commercial recruits actors, musicians or other performers, the performance rights of these performers are also applicable. Performers have the right over many nations to have control over their performances, including adverts. Therefore, it would subject the advertiser to legal issues in the event that the performer’s image or voice is used without their consent in another advertisement.
5. Limitations of IPRs
While IPRs can provide strong protection for TV advertisements, there are some limitations. For example, copyright law doesn’t protect ideas or concepts in themselves but only the expression of those ideas. This implies that while a specific ad’s script or visuals can be protected, the general concept or theme behind it cannot be. Finally, copyright protection typically exists for a term of years (such as the life of the author plus 70 years in most countries), during which time the work falls into the public domain.
In a Nutshell
IPRs, including copyright, trademark, and trade dress, may provide significant protection for TV commercials to guard creative aspects like script, visuals, and sounds while also protecting brand identifiers, such as logos and slogans. But in navigating these limitations, advertisers have to make sure they understand the law enough so they don’t become sitting ducks for unauthorized uses. Ensuring these rights is integral in maintaining the value of a brand and making sure advertising investments are not jeopardized by infringement.
