Many hypnotists and hypnotherapists, as well as others within the community of integrative health spend a lot of time writing, communicate and develop ideas. However, I have never seen any conference or workshop addressed the nature and dynamics of intellectual property rights. This issue is critical for several reasons and therefore should be an important topic of discussion.
intellectual property laws are They do to protect their creative works, their brand image and their ideas. On the contrary, they are not intended to suppress further intellectual development that should occur later. The protection of the rights of the originator and the subsequent developer are equally vital that evolution in our profession. If someone makes an effort to inhibit intellectual property theft, as in the form of plagiarism, trademark infringement or violation of the patent, then the whole profession (and also the public ) continues to be harmed. Civil penalties are made to prevent such activities. However, if someone prevent intellectual development by improperly trying to meet an erroneous claim of intellectual property, but could also be the subject of civil actions for damages. And, most importantly, they can be found guilty of “restriction of free trade” under the Clayton Act. The latter is really a punishable felony by imprisonment. This article is designed to give a view that is not a lawyer on how intellectual property rights affect the profession of hypnotherapy. My thoughts are based on the achievement of two master’s degrees running a business, teaching around the Faculty of two universities and several years as a business owner and entrepreneur. I have relied heavily on a defense before and resources, for example, the Library of Congress and BitLaw.com. I will discuss my views and ideas of how this applies to a lot of aspects of our profession. Intellectual property within the US It is included in three teams of laws. These are the copyrights, trademarks and patents. Unfortunately, too often I hear about the launch and navigate misinformed about these reckless impunity terms. The resulting misconceptions lead to threats and delays the introduction of ideas. And as mentioned above, the ignorance of the terms can open the parties to the civil and criminal action.
When someone results in a work verbal, written or audio that have to profit from its creation for any specific time period. This is called a copyright. Under current law you do not have to claim your copyright (or defend) to be valid. Violations are handled in civil courts as well as sanctions, to include court costs can be quite expensive. Copyright protection is strengthened when work using the Library of Congress is presented. However, this does not prevent the works not presented to be protected.
While much more can be owned by what they believe most likely, there are particular things that can not. A copyrighted work must be in tangible form. This means it must be written, recorded or recorded before could be expected that the protection of copyright. When you give a speech, his articles is probably not protected. However, in case record or transcribe, this is really a completely different situation. And, titles, names, short phrases, slogans are not copyrightable. This means that “Tim Brunson,” “the Brunson technique”, “you have to get it done the way Brunson!” They are not covered by copyright laws.
So this raises the concept of the brand. A brand or service is really a brand concept that allows you to relate one thing, phrase or symbol to any specific service or product. The big difference between copyright and trademark may be the responsibility of the holder of the right to protect. I have read and have been told by my attorney that the trademark holder may lose their rights when they do not protect them once they detect a violation. However, with a copyright, deficiencies in the defense does not threaten their rights under that law.
Again, exactly what you want to register the mark could not be permitted under the law. For example, it is not possible brand reputation, geographic location, several, or perhaps a descriptive phrase. Therefore, “Tim Brunson,” “Chicago”, “386” and “perfect pool” can not be registered as a trademark. In addition, a brand is recognized as valid for any trade. For example, Delta Airlines is compatible with the trademark for the word “Delta” only in regards to the airline industry brand. If Boats River Delta decided to use the word “Delta” with respect to your business, as this is really a different kind of trade generally it is acceptable. The protection of a brand is a kind of more complex than the usual copyright. It should allow it to be very clear trade or service mark admissible is destined to be used as a result. And again, you must be willing to protect him in court if necessary. Having a registered trademark and registering it with the Patent and Trademark Office would like to believe that given a better right in court.
This leaves me to the final category, which consists of ideas, procedures, principles and devices. The Copyright Act specifically exempts them from that law. They simply can be protected by receiving a patent. Write reviews or procedures within a sheet article, book, or conference not protected by copyright. While such actions may prevent verbatim copying of words or duplication of sound recordings or video, ideas, procedures or principles discussed are not protected unless they are patented. This means that if I developed “The six phases of Brunson form of medical hypnotherapy” and another person decided to discuss my ideas and incorporate them into the courses are presented, then unless you have a patent I have no reason to complain . The fact that I have taught my approaches for 25 years does not prevent other people using my ideas. Of course, when they were printed brochure my course, I think it would be grounds for further action under the law of intellectual property.
When speaking, teaching, writing and develop ideas and theories, I am very worried because I do not violate around the intellectual property of others that protect my rights to my works, branding, and ideas. Also, I am very concerned that my contributions create value my profession and the public. Therefore, I am concerned that under profit organizations or individuals can make an effort to steal my intellectual property and thus begin to control its further development. While I realized that nothing could be “taken with me when I go,” I would like to leave a legacy based on my contributions. It’s not about money.
I address my concerns in a number of prudent ways. First, for most of my works are written or subject recording audio or video. If I give a speech that has a unique desire to protect information, recorded or transcribed. Although a copyright notice is not required, usually clear my intention to include an appropriate statement. Second, in addition to articles, all my courses, workshops and books have a unique title that quickly reclaim a trademark. Of course, I make sure that the title meets the criteria of brands. And thirdly, while I happen to be advised on multiple occasions to patent a number of my ideas, I not have done this at this time. My concern is not so much that I protect my ideas for this order to obtain economic benefits. Rather, I hope that my contributions can benefit others that the smartest people that I can develop my ideas. However, you may eventually go the route of the patent to prevent any unscrupulous entrepreneur try pawning my ideas as their own and thereby restricting further use. (This is why CERN and Tim Berners Lee chose to protect the concept of the World Wide Web.) Unfortunately will find those who improperly make an effort to enforce intellectual property rights because of honest ignorance . And sometimes it is because along with malicious ignorance, greed myopic self-service. These people use threats and intimidation. The fact that they have successfully intimidated many people before, does not make them right. In fact, when they have misrepresented their claims and led others to a certain loss of financial potential and lead to a “restriction of free trade”, then your wrong claimant could become the target of civil and criminal action.
If you’re the target of these misbehaving or suspect that it might be the subject of legal actions involving intellectual property rights, then the search for competent legal advice should be a priority. The fact that someone is harassing you emotionally and vigorously does not mean he has committed a transgression. After the initial contact may ask for documentation. If it is really a problem that trademark must have a registration card that provides the specific characteristics of brands to incorporate the kind of trade to which it applies. If it is really a patent, you should be able to give similar documentation. If it is really a claim of copyright violation, I suggest investigate the way the work was recorded or written down and how you can obtain a duplicate to verify the possibility violation. If a lawyer send a letter to “cease and desist” I feel it is your right to request such information. (In one case after receiving a letter from a lawyer, I applied for trademark registration and located the person who originally called me had greatly exaggerated the extent of his trademark. And this mark did not affect the class of trades , which was operating in. it was clear that the lawyer had not done their homework before sending the letter. This “oversight” could function as the reasons for the complaint to the bar association lawyer.) however, it is necessary to use good judgment and seek immediate legal assistance. In any case, the truth that someone is a claim does not mean that you are automatically guilty. If they are sincere, they should have no problem providing you with the use of documentation. This is less expensive than going the legal route. But remember that you can now intimidated by filing a lawsuit. All they need may be the ability to pay a filing fee. This does not mean that you are guilty. Moreover, the applicant would also be liable for civil damages and criminal charges if their action is not based on facts and the law. So, just as they are able to file a counter lawsuit and criminal proceedings.
Over the past year I have discovered two incidents involving intellectual property rights within the hypnotherapy profession. One included a detailed friend who had been altered in a conference organizer for “allowing” another colleague to provide a very similar workshop to hers and had “obviously” used his material. The second incident concerned a publisher who has admitted to bullying others frequently not write or teach about certain techniques or to use certain names or terms based on their copyright claims. While I am not likely to comment on the merits of either claim, what I’ve noticed a lot of confusion and misconceptions that have fueled even more emotionally charged controversy. These could become avoided if the parties have brought up around the royal law as opposed to relying on fear and greed their guides.
Finally, I want to remember that this article is not “legal advisor”. The mere fact, it is my view and opinion based on years of business education, research, and unfortunately several opportunity to pay for legal counsel in this matter. Although I hope that this is still a benefit to the reader, of course, if any of the above is striking, I suggest that simply embarking on new research and employs a competent lawyer to counsel property rights.