Every artistic creation that you originate is, at the moment you create it and draw or write it down, protected by copyright (there are exceptions - see the article Who Owns the Copyright?) You don't have to register anything for this to happen in the UK and US (although some countries do have slightly different policies on it so check with your local Intellectual Property government office). The international symbol, the 'c' in a circle should be put next to any work with the year and your name or company, ie. (c)2008 Eldamar ltd. This lets the world know that it belongs to you.

But it can still happen, you come across another company using a logo like yours or using your strapline or text from an article. This is what's called 'passing off'. The law sides with the party that can prove that they got there first. This is why songwriters protect their songs (both words and music) and authors protect their manuscripts by some method that will prove the origination date in a court of law. This is often done by sending a copy of the work to oneself by registered post, or by keeping a copy in a bank safe or other legal body (an annual subscription is required for this).

Logos, use of colours and straplines can be protected in a different way by registering them. Every logo used commercially is obviously a trademark and every logo can have TM in superscript applied next to it to notify others that the logo is in use as a trademark. There is no legal obligation attached to the TM mark. It does nothing except notify others that the logo is in use. Registering a logo as a trademark is different. This is what gives a logo value as it is protected by law in every territory and category it is registered in. There are many rules to abide by. Many logos can not be registered if they are already in common usage or involve certain superlatives. Costs can be anything from £250 to more than £16000 depending on categories and territories the logo is registered in.

Once registered, the logo is accompanied by the R in a circle device. It is of course illegal to use the (R) symbol if it has not been registered. Registering happens only through your government's Intellectual Property Office (in the UK this was previously known as the Patent Office). An agent or solicitor can process the registration on your behalf but get advice directly from your country's Intellectual Property Office first to learn the procedure as they can often advise without you having to spend a large amount of money only to find your application is unsuitable.

The UK Intellectual Property Office is a great resource where you explore registrations as well a other forms of protection such as registered designs (for product designs) and patents (for inventions) as well as trademarks.

Labels: copyright, Creativity, designs, intellectual property, logos, passing off, patents, protection

There's a Monty Python sketch where Michael Palin's character is an accountant who's gone to a careers advisor played by John Cleese. The accountant says he's fed up with being an accountant. He wants to be a lion tamer. The careers advisor says he doesn't suit such a career. Couldn't he work his way towards lion-taming via say, banking.

I had the misfortune of going to a careers advisor once. They asked me some dumb questions about exam subjects and then asked what I wanted to be as they had lots of pamphlets on various career paths. Well the answer to that was obvious to this 16 year old. I wanted to be a rock star. So I told her. She shook her head and said I should take this seriously. I was taking it seriously and I asked her where the relevant pamphlet was. There wasn't one. She advised instead that I join the YTS (the Youth Training Scheme designed for non-academic pupils a bit like an apprenticeship). I said no thanks.

That careers advisor is in our heads, holding us back from what we really should be doing and being 'realistic' and pushing us into mediocrity. Think of the jobs that you've done and that most people do. They all have job titles, but let's be honest, most of them mean absolutely nothing. When you or people around you were children I bet you wanted to be a clear-cut interesting profession like an astronaut, doctor, film star, or vet. No-one wanted to be a marketing assistant or sales manager. How did they become them? There's nothing wrong with any particular job, unless the person doing it isn't satisfied and is capable of doing more. Then it's a cage.

Most workplaces don't know how to deal with talent, it gets in the way. They can't reward it or promote it and it doesn't fit into a neat box. That's why you can't rely on your job or others to give you satisfaction without you doing something about it yourself. Wouldn't it be wonderful if you got paid for doing what you loved doing? Wouldn't it be wonderful if we found the courage to find a way to make that happen?

Labels: Creativity, monty python, talent, workplace

Definitions and semantics are always tricky, especially when people use one word to describe a complex process or use two very different words to confusingly describe the same thing. This is the dilemma in which we find ourselves with the subjects of innovation and creativity. Some people use the two words interchangeably.

Edward De Bono (who first coined the phrase 'lateral thinking') defines creativity as "doing something in a better way, or doing something better". This is in fact a description of innovation, sorry Edward. Painting a portrait is a creative act, but it has nothing to do with being better than anything. It could even be a lousy portrait, but it’s manifestation was still a product of creativity.

Innovation is applied creativity where an application of creativity solves a problem or improves a situation. (ie. makes it 'better'). Innovation is to creativity what The World Cup is to Rugby.

So what's an invention? An invention is the discrete, stand-alone product of innovation. It's the invention that you can patent and protect. It is the invention that continues to supply the innovation.

So what's creativity? My definition has always been that creativity is the act of using your perception to notice something in the universe, make a decision about what to do about it and then take action based on that decision. It takes into account that creativity is a process that is both intuitive and deliberate. It is not something we do by accident although we can get unexpected outcomes from our actions. Creativity could be defined as an act that produces an idea or artifact that has value.

Labels: Creativity, innovation, invention, lateral thinking