The protection of art forms and the safeguarding of intellectual property (IP) are of great importance to the work of creatives, and, as such, experts have called on creative entrepreneurs to seriously consider how contracts may be useful in preserving their craft.

With jobs in the cultural and creative industries having the propensity to turn millions in revenues, there is the belief that these works should be greatly protected, especially since in most cases they are often left vulnerable, used in an inappropriate manner, or even unfairly exploited by third parties. For these reasons creative professionals are advised to utilise the tools at their disposal to protect and enforce their rights so they can profit from their work. Some of the legal tools available for protecting creative rights include contracts and copyright.

Howard McIntosh, creative analyst said that, while contracts are useful in most business transactions, it is highly recommended and necessary regarding the career of creatives.

“The work of creatives must be protected at all cost, especially in relation to how creativity is used or even how a body of work is licensed,” he told the Jamaica Observer.

He said, while many creative players were guilty of not using contracts or using it enough, the option remains open for many, even while operating independently and outside the ambits of a registered business or corporation, to take the necessary legal steps needed to protect their work.

Contracts, when used as a form of protection by creatives, enact a legally binding agreement between one or multiple parties, which will allow for the execution of shared objectives.

According to the World Intellectual Property Organization (WIPO), “A mix of IP tools, particularly copyright and trademark rights used in association with contracts, protocols, guidelines, notices, accreditation, and access conditions, can provide a comprehensive framework for protecting and guarding against the misuse of cultural expressions.”

Attorney-at-law Ineka Brydson urged creatives to get serious about the protection of their work. She also recommended contracts as a good practice for businesses, noting its use for clarity, structure, accountability, and guiding relationships.

“A properly drafted contract is essential, parties must ensure that the terms of the agreement are legal and professionals can help you to ensure this is so. Contracts must have a clear subject matter, conditions of satisfaction must be well established, and delays and variations must be considered,” she stated.

The legal counsel in further advising creatives to make careful decisions when entering into these legal agreements.

“Do not feel pressured to sign a contract without properly reviewing it. You cannot be casual about your business, your work is your intellectual property. It is unfortunate that many creatives get serious after they have been exploited,” she said, while underscoring the importance of ensuring that trademarks were properly registered and intellectual property copyrighted.