What is the scope of protection of an idea in these digital ages? Well, as every IP-lawyer knows: a sole idea cannot be claimed. The idea first has to be developed into concrete elements and these elements have to be original. But then, what is original in a world where there is a massive online communication with millions of logo’s, jokes, music and ideas? We should realize and recognize that, in the event of a resemblance, ideas are not always copied but can evoke seperately. And being inspired is something even the greatest artist on earth do, otherwise they wouldn’t be great.
Director Kirby Ferguson made four episodes with the title Everything is a Remix. A very interesting serie exploring the remix/copy/sample techniques involved in every field of art. A must for every IP lawyer! You can watch all four video’s here.
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“Trademark protection gives freedom to do business.”