How to Protect Digital Intellectual Property

Digital intellectual property is the electronic fruition of an individual's intellect that holds value on the commercial market. Intellectual property in digital form includes any copyrighted material, like eBooks, and business processes, like proprietary software. The rise of digital intellectual property has also meant a rise in infringement and theft online. As a writer, inventor or other creative person, you need to understand the best way to protect your ideas.

Difficulty: Moderately Easy

Instructions

1. Determine what type of legal method best protects your product or service. Patents are typically offered on mechanical inventions or improvements upon patented products. Copyrights and trademarks protect material expressions of intellect such as music, literary works or photography.

2. Learn the legal protections allowed by a registered trademark. Registered trademarks through the U.S. Patent and Trademark Office feature the letter R encased in a circle next to the symbol in question (see Resources below). This registration ensures a business or individual that they can seek damages from those who infringe on their intellectual property rights.

3. Appreciate the limitations of the patent process. Your digital intellectual property is patented for 20 years from the date of acceptance by the federal government. After the patent period, the public is allowed to utilize or adjust the invention without permission.

4. Research the benefits and legal protections of the copyright process. A copyright on an eBook you have recently written prevents others from distributing or using the book without your permission. The copyright holder, in turn, has wide berth to sell, display or perform his or her work in any manner that does not impinge on the rights of others.

5. Discuss the process of protecting your material expression with an intellectual property lawyer. The American Bar Association website, as well as your local university, can connect you to experts in the field who can provide free advice (see Resources below).

Tips & Warnings

• Immerse yourself in the debate over protections to digital intellectual property in the United States. One group, the Electronic Frontier Foundation, works on behalf of individuals and small businesses to push for better digital intellectual property protections (see Resources below).
• Be aware that there are limits to the protections offered by intellectual property laws. Copyright law features a provision for fair use, allowing the public to excerpt your works for various purposes.