Discretion and confidentiality


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Discretion and confidentiality

  1. 1. Discretion and ConfidentialityDescribe what is intellectual property?Intellectual property (IP) is the property of your mind or proprietary knowledgeand can be an invention, a trade mark, a design or the practical application ofyour idea. IP can be a very valuable business asset and it is important that youunderstand it and know how to protect it.What is a confidentiality agreement?A legal contract between at least two parties that outlines confidential material,knowledge, or information that the parties wish to share with one another forcertain purposes, but wish to restrict access to or by third parties. It is acontract through which the parties agree not to disclose information covered bythe agreement. An NDA creates a confidential relationship between the parties toprotect any type of confidential and proprietary information or trade secrets. Assuch, an NDA protects non-public business information.NDAs are commonly signed when two companies, individuals, or other entities(such as partnerships, societies, etc.) are considering doing business and needto understand the processes used in each other’s business for the purpose ofevaluating the potential business relationship. NDAs can be "mutual", meaningboth parties are restricted in their use of the materials provided, or they canrestrict the use of material by a single party.It is also possible for an employee to sign an NDA or NDA-like agreement withan employer. In fact, some employment agreements will include a clauserestricting employees use and dissemination of company-owned "confidentialinformation."How does all this relate to Graphic Design Industry?As a designer, you are in the business of creating intellectual property (IP). YourIP is a valuable business asset and knowing how to protect it can be central toyour business successProtect your creative ideas and designsYou generate IP when you create something new or original and you can protectyour ideas or designs by obtaining an IP right. As a designer you generate IPthrough the inventions, brands, logos, books, films, new product designs andartistic work that you create.Australias IP laws provide a legal framework to protect your creative ideas anddesigns. Legally enforceable IP rights encourage technological innovation andartistic expression for many industries including the design industry. IPprotection is also one of the key building blocks of Australias economy becauseit helps foster creativity and reward innovation.
  2. 2. Designers are entitled to profit from their workDesigners should be rewarded for their innovation and creativity. IP is a veryvaluable asset and an IP right allows you to protect your design from beingcopied or misused. The legal protection of an IP right provides you with theexclusive permission to use, control and therefore profit from your design work.Not all designers know how to go about protecting their work. Depending on thetype of IP you create, your design may be eligible for protection under copyright,designs and / or trademarks legislation. In Australia, copyright is grantedautomatically which means that you dont have to apply for it. To be protectedunder the designs and trade mark legislation you need to apply for a right to begranted.Summary:Intellectual property (IP) is the property of your mind or proprietary knowledgeand can be an invention, a trade mark, a design or the practical application ofyour idea.A confidentiality agreement is a legal contract between at least two parties thatoutlines confidential material, knowledge, or information that the parties wish toshare with one another for certain purposes, but wish to restrict access to or bythird parties.It all relates to the Graphic Design Industry by helping you protect your creativeideas and designs.http://www.ipaustralia.gov.au/understanding-intellectual-property/http://www.ipaustralia.gov.au/understanding-intellectual-property/ip-for-designers/http://en.wikipedia.org/wiki/Non-disclosure_agreementCopyright ResourcesFor an excellent starter reference:http://www.plagiarismtoday.com/2009/...ns-that-arent/Also the FAQ on the USCO site is another good place to start:www.copyright.govAnd the USCOs Circular page:http://www.copyright.gov/circs/Current copyright Terms in regard to Public Domain (this is the most conciseexplanation Ive seen that helps determine Public Domain usage):
  3. 3. http://www.copyright.cornell.edu/public_domain/Other sites that have copyright info and legal assistance:For a list of VLA organizations by state:http://www.starvingartistslaw.com/he...;20lawyers.htmFor some interesting case studies in copyright law:http://www.artslaw.org