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Intellectual property and the creative industries

By: Jaime Israel Davila Gomez, Attorney.

For the creative industries, it is increasingly important to know the law and implement practices that reduce the risk of claims in the day-to-day of their activity. There are many legal areas that impose obligations on these types of industries, however, copyright continues to have a central place.

This is so because these industries deliver products to society in which the creative flow comes from many sides. Let’s look at the case of an advertising agency that has a management team, as well as employees, through which they generate campaigns for companies and their brands.

At least the following people participate in a campaign: those who devise the campaigns; those that lend their brands; the authors who create the scripts, the musicalization, the photography, the graphic elements; those that produce, direct and edit the content used; We have models who participate, as well as influencers and other people who lend their image to be used; and finally, we have those who help to distribute the final product: the campaign.

Derived from the above, it is stated that copyright, related rights, image rights, and trademark rights are at stake; All these rights must be clear on paper and with the necessary terms and conditions so that the work of all those involved is respected and so that both the brands and companies and the participating agencies do not face problems of any kind.

Finally, respect for all the rights of those involved ends up being reflected in: 1) certainty for all of us who acquire products or services through trade, 2) the creation of more and better creative industries, 3) the best economic retribution to the participants of these industries

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