Copyright and Intellectual Property: Understanding Kickstarter's Policies
Last updated August 13, 2024
Kickstarter is a platform that fosters creativity and innovation, and it's essential to protect the intellectual property rights of both creators and backers. Kickstarter has specific policies in place to address copyright and intellectual property issues. This guide will provide clarity on Kickstarter's policies and how they relate to creators and backers.
Copyright and Intellectual Property Rights
- Copyright: Copyright protects original works of authorship, including literary, dramatic, musical, and certain other intellectual works. It grants the creator exclusive rights to reproduce, distribute, display, perform, and create derivative works based on their work.
- Trademarks: Trademarks protect words, phrases, logos, or symbols that identify and distinguish a company's products or services.
- Patents: Patents protect inventions and grant the inventor exclusive rights to make, use, or sell their invention.
Kickstarter's Policies Regarding Copyright and Intellectual Property
- Creator Responsibility: Creators are solely responsible for ensuring that their project complies with all applicable copyright and intellectual property laws. They must obtain necessary licenses or permissions to use any copyrighted material in their project.
- Backer Rights: Backers have the right to use the rewards they receive in accordance with the terms of the project. For example, if a backer receives a physical product, they have the right to use, display, or dispose of it as they see fit.
- Copyright Infringement: Kickstarter takes copyright infringement seriously and may remove projects that violate copyright laws.
- Intellectual Property Disputes: If a dispute arises regarding intellectual property, Kickstarter encourages both parties to resolve the issue amicably. If a resolution can't be reached, Kickstarter may intervene to investigate the matter further.
Key Recommendations for Creators
- Clearly Define Ownership: In your project description, specify who owns the copyright to any creative works featured in your project.
- Obtain Permissions: Obtain written permission from copyright holders before using any copyrighted material in your project, including images, music, videos, text, or other creative works.
- Provide Attribution: Credit any creators whose work you use in your project.
- Protect Your Own Intellectual Property: Consider registering your trademarks or patents for added protection.
Key Recommendations for Backers
- Respect Copyright: Don't reproduce, distribute, or modify copyrighted material received as a reward without permission.
- Report Infringement: If you believe a project is infringing on copyright, report it to Kickstarter.
- Understand Reward Terms: Carefully review the terms and conditions related to your rewards to understand your rights and obligations.
Additional Information
- Copyright Resources: For more information about copyright and intellectual property, visit the United States Copyright Office website or consult with a legal professional.
- Kickstarter's Terms of Service: Review Kickstarter's terms of service for complete information regarding copyright and intellectual property.
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