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An intellectual property attorney protects creative media, including music, books, and artwork, by handling legal issues such as copyright registration and civil lawsuits. The increasing accessibility of the internet has made the job more important, and education requirements are similar to other legal specialties. Graduates start as associates and may start their own practice, advising clients on registering and protecting their intellectual property. Most cases are resolved out of court.
Intellectual property refers to any type of creation that arises from an idea, including music, books, artwork and other creative media. An intellectual property attorney handles all the legal issues involved in protecting these media. Duties range from simply assisting creators with trademark or copyright registration to handling major civil lawsuits regarding the misuse of intellectual property.
The increasing accessibility and popularity of the Internet has made the job of an intellectual property attorney more important and demanding than it has been in recent decades. Information, including protected intellectual property, is easily shared among users online, and copyright infringements occur more regularly than in past decades. The Internet also makes it easier for more people to participate in content creation. Now writers can easily self-publish their books, musicians can use their computer to record music and send it to others, and photographers can create their own online galleries to showcase their work. All of these factors play a role in increasing the demand for an intellectual property attorney, making it a relatively stable career choice.
The education requirements for becoming an intellectual property attorney are similar to those for any legal specialty. Students must earn a four-year degree before applying to law schools. While virtually any degree will suffice, those planning to major in intellectual property should consider majoring in communications, journalism, or another program that provides a general understanding of intellectual property. While attending law school, students can choose classes that prepare them for their specialty.
The most recent intellectual property attorney graduates begin their careers by working as associates in a law firm or under a more experienced attorney at a large corporation. After gaining the necessary experience, many attorneys choose to start their own practice. The decision to start a small practice or take a position with a larger corporation depends on the type of people the intellectual property attorney plans to represent. Large labels and recording studios often hire in-house lawyers, while unrepresented artists are more likely to work with smaller firms.
While an intellectual property attorney must be prepared to defend copyrights and trademarks in a courtroom environment, most of their time is devoted to advising clients on tasks such as registering and protecting their intellectual property. The attorney may also send “cease and desist” letters to those suspected of infringing a client’s intellectual property rights or drafting other legal documents pertaining to the field. Many legal cases are resolved out of court, so intellectual property attorneys may have very little time in a court of law.
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