IP/C/W/711  
 
12 April 2024  
(24-3110) Page: 1/3 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
INTELLECTUAL PROPERTY  AND INNOVATION:  
IP AWARENESS AND CREATORS  
COMMUNICATION FROM AUSTRALIA; CANADA; THE EUROPEAN UNION; HONG KONG, CHINA; 
JAPAN; THE REPUBLIC  OF KOREA; SINGAPORE; SWITZERLAND; THE SEPARATE CUSTOMS 
TERRITORY OF TAIWAN, PENGHU, KINMEN  AND MATSU ; THE UNITED  KINGDOM AND 
THE UNITED  STATES OF AMERICA  
 
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1  INTRODUCTION  
1.  Intellectual property (IP) is important for artists and other creators to protect their unique and 
valuable contributions to society thro ugh their work, film, music, or other creations. However, 
creators often face many of the same challenges as small businesses when it comes to protecting 
their IP: lack of awareness, resources, legal knowledge, or experience protecting their IP and 
harness ing its benefits. The lack of legal knowledge about how to enforce IP internationally, and in 
particular copyright, is also challenging for many creators.  
2.  This discussion paper highlights some of the IP considerations that may arise for creators, 
includin g social media content creators; potential difficulties creators may face in protecting their IP 
rights; and how WTO Members can raise awareness about IP in the creative fields through various 
fora.  
2  IP CONSIDERATIONS IN CREATIVE WORKS  
3.  Copyright and neighb oring rights are often the most relevant form of IP that a creator of a 
literary, dramatic, musical, or artistic work will need to consider. For instance, for musicians and 
songwriters, copyright and neighboring rights can cover the sound recording, perfor mance, as well 
as musical compositions, which may include music and lyrics.1 Copyright protection for musical 
compositions and sound recording can help provide musicians and producers with protection and 
legal recourse regarding the unauthorized use of th eir music in social media, online videos, 
commercials, television shows, and movies.2 
4.  Copyright protects artistic, scientific, and literary works. This can include paintings, drawings, 
photographs, sculptures, novels, software, databases, and other creative works. Copyright 
protection exists from the moment an original work is fixed in a tangible medium, such as painting 
the picture, writing the novel, or making the sculpture .3,4 While registration of the copyright is not 
mandatory, some countries offer registration as a means to provide evidence that the copyright 
 
1 What Musicians Should Know about Copyright. U.S. Copyright Office. 
https://www.copyright.gov/engage/musicians/  
2 Intellectual Property in the Music Industry. Natio nal Inventors Hall of Fame. 
https://www.invent.org/blog/intellectual -property/music -copyright  
3 What is Copyright. World Intellectual Proper ty Organization. https://www.wipo.int/copyright/en  
4 European IP Helpdesk factsheet: Copyright essentials. Publications Office of the European Union. 
(2022). https://data.europa.eu/doi/10.2826/864141  IP/C/W/711  
 
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  subsists in the work and that the person registered is the owner of the copyright, as well as to 
provide additional options for the enforcement of these rights.5 
5.  Trademarks can also be i mportant for creators as indicators of the source of their creations. In 
the music industry, trademarks can be used to protect band names and logos in order to help fans 
and consumers identify the source of the music.6 For a visual artist or author, their  name is often 
also their business name, and most jurisdictions require certain conditions to be met in order to 
register a name as a trademark.7 
3  CHALLENGES TO PROTECTING IP FOR CREATIVE WORKS  
6.  One challenge faced by creators operating in the global market place is that IP protection is 
territorial in nature, meaning that it is enacted and enforced through national laws. For example, 
countries may differ in what is eligible to be protected by copyright, the length of protection, the 
scope of protection, and the amount of penalties if a work is copied illegally.8 However, many 
copyright issues in the digital age are international in nature because most content posted online 
can be viewed, accessed, or listened to outside of a creator 's own country. Therefore, understanding 
how copyright law works across borders is essential when publishing or using content online.9 
7.  The rise of digital media has led to additional challenges because the digital environment allows 
for people to more easily infringe oth ers' IP. In terms of copyright, it has become easier to copy and 
share copyrighted works without permission. In terms of trademarks, it is also now easier for 
individuals and companies to create fake accounts or websites that impersonate established brands  
that can lead to consumer confusion and damage the reputation of the original brand.10 Content 
creators for social media must also be mindful of the rules regarding the unauthorized use of music, 
videos, and brands featured in their content.  
8.  Furthermore,  the rapid developments with and use of artificial intelligence (AI) raise a number 
of challenges for creators in terms of their ability to protect their works, including against the 
background of evolving legal and regulatory regimes.  
9.  In addition, creator s working collaboratively and unaware of the IP implications related to joint 
authorship and ownership may not take the time to properly document their creation or who owns 
the work. This can lead to problems in proving ownership later on. Thus, IP awarene ss for both solo 
and collaborative artists and creators becomes very important.  
4  IP AWARENESS INITIATIVES FOR CREATORS  
10.  Many resources and programs exist for creators to help them understand the IP considerations 
informing their works. This can range from i nformal websites and blogs dedicated towards creators, 
formal programs and resources by national IP offices and the World Intellectual Property 
Organization (WIPO), and advice provided by law firms and IP associations focused on the creative 
industries.  
11.  One such resource is WIPO for Creators, an open public –private partnership launched by WIPO 
and the Music Rights Awareness Foundation that seeks to raise awareness about creators ' rights and 
related management practices. Their primary goal is for "creators to be fairly acknowledged and 
compensated for their work, regardless of their geographical, cultural, or economic conditions. "11  
 
5 What is Copyright. World Intellectual Property Organization. https://www.wipo.int/copyri ght/en  
6 Intellectual Property in the Music Industry. National Inventors Hall of Fame. 
https://www.invent.org/blog/intellectual -property/musi c-copyright  
7 See, for example, Musicians and Artists Profile. United States Patent and Trademark Office. 
https://www.usp to.gov/learning -and-resources/ip -policy/musicians -and-artists -profile  
8 What is Copyright. World Intellectual Property Organization. https://www.wipo.int/copyright/en  
9 Copyright Resources to Support Publishing and Teaching. University of Pennsylvania. 
https://guides.library.upenn.edu/copyright/international  
10 Intellectual Property Challenges in the Digital Age. Global Intellectual Property Convention. 
https://www.globalipconvention.com/blog/intellectual -property -challenges -in-the-digital -age 
11 WIPO for Creators Charter. (2009). World Intellectual Property Organiz ation. 
https://www.wipo.int/documents/d/wipo -for-creators/docs -en-charter -creators.pdf  IP/C/W/711  
 
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  This partnership brings together various stakeholders to cooperate on projects and educational 
programs.  
12.  Further, some nationa l IP offices provide information or programming featuring IP 
considerations for creators. In addition, IP information and awareness targeting small businesses 
may be a source of helpful information for creators whose aim is to commercialize their work.  
5  GUIDING QUESTIONS  
a. How do WTO Members provide IP awareness resources for artists, musicians, authors, or 
other creators?  
b. What are Members ' most active creative industries in terms of job creation and income, 
and how have they contributed to the economy?  
c. Where do Members see a need for more IP awareness and resources for creators?  
d. How can Members help raise awareness of IP for the creative industries?  
 
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