Hot topic in IP: understanding the distinction between foreground, background, and sideground for effective IP protection
This summer has been largely about IP-related cases (you know who you are) and festivals for me. No connection between the two? Well, perhaps there is....
As part of one of the files, it turned out to be important to properly define certain IP concepts for their effective protection and strategic exploitation. n a burst of creativity (yes, lawyers can be creative too, as the Supreme Court recently acknowledged- see here (in dutch)), I've decided to explain these concepts through the lens of my festival experiences.
1. The headliner on the main stage: the Foreground
The main act on the mainstage is the focal point at the festival and the reason your customers come to your festival. It represents the assignment for which your client has engaged you. As a company, you stand out here with your innovative inventions, unique creations, or revolutionary ideas. It's crucial to establish ownership of these distinctive creations – and specify who is (exclusively) allowed to use them, and under what conditions. Clear contractual agreements are crucial here, providing assurance that third parties won't exploit your creations without authorization, especially if they haven't compensated you or if such usage was not agreed upon in the partnership.
2. The Constants: your Background
Besides the new main act, there are also "fixed values," precious knowledge, know-how and technologies that your company has been building up for years and thus already possessed before you started building the festival. In other words, the background knowledge and skills your company possesses that make you excel in your field. This background forms the foundation of the organization of your festival and is invaluable for its proper execution. It is therefore necessary to clearly delineate what knowledge is involved and what rights are granted to your clients in this regard (right of use, license, right to adapt, etc.).
3. The unexpected bonuses: the Sideground
Sometimes at the festival you also come across unexpected extras (for me it was the Core-stage at TML, a fairytale stage, right in a forest). These are the extraordinary finds that pop up during the festival, such as new ideas or discoveries that are not part of the main act. However, these surprises are valuable and deserve attention in the contractual relationship with your client, so that these unexpected extras are not lost and can eventually be counted as part of your background or become part of the foreground made available to your client (whether for a fee, with conditions, etc.). This concept is known as the Sideground.
In summary, it is essential to properly define the concepts of foreground, background, and side ground beforehand in the collaboration with your client to provide appropriate protection. Contractual agreements then ensure that the valuable IP built up by your company can be exploited in the right way and that your client knows what he can dispose of at the end of the collaboration, without you as a company being unable to use certain elements or use them in the same way for another client.
So, something to ponder for your next negotiation. If you have questions, you know how to reach me - whether I'm in the office or out on a festival field 😉
#iplaw #entrepreneurship #legaldirect #festivals
