When registering your brand, you must decide whether it is necessary to proceed with the registration of your logo, or simply the name of it. So we explain what you need to know to make this decision that is much more important than it seems.

M

any understand that having a brand is simply creating a logo. We see Coca-Cola, Café Santo Domingo, La Sirena, and think it’s as simple as having a nice design to put on our packaging; I include myself because at some point I thought that too. However, a brand goes much further than a combination of words and colors that catch the eye.

Lately, entrepreneurship has become a trend; so much so that it seems like today, everyone wants to create something of their own, to have an income that depends solely on us and not on our employers. It’s as if we all want to have our own brand. However, few of us know what steps to take to turn our idea into reality.

The most beautiful time of the year is already here, and with it come all the Christmas traditions that we enjoy so much. Gift exchanges, Christmas dinner with those dishes that we only bring out once a year, hot chocolates, family gatherings, and obviously, the Christmas carols. Those songs whose rhythm transports us to our childhood, and their lyrics fill us with hope. Songs that seem to have no owner, as they are on everyone’s lips from the beginning of December and are passed down from generation to generation.

So it becomes interesting to question the rights that the authors of these very special songs have.

In the Dominican Republic, copyright is covered by Law 65-00, and the country is also a signatory to the Berne Convention, which regulates these rights internationally. According to national legislation, copyright arises with the work, making it inherent to its creator and independent of the formalities contemplated in the law. Both national and international legislation establish that “copyright” includes, among other things, the protection of literary and artistic works, including musical compositions, with or without lyrics. So it is clear that, even though they seem to belong to everyone, Christmas carols belong to their creators, in terms of rights.

However, these rights are not infinite, as they have an expiration date. According to both national and international legislation, the copyright belongs to the creator of the work throughout their lifetime, and after their death, it passes to their spouse, heirs, and assigns for a period of fifty years from the death. In the case of collaboration, the 50-year period runs from the date of death of the last co-author.

Once the fifty years have passed, the work becomes public domain, which means that the use of these works will be free. On the other hand, those songs that have not entered the public domain cannot be used freely and are subject to the famous “copyright,” so their use should, in principle, be remunerated to the author.

Surprisingly, although we would think that all Christmas carols are in the public domain (because we have been hearing them all our lives), there are some, such as “Santa Claus Is Coming to Town,” “A Holly Jolly Christmas,” “Jingle Bell Rock,” “Rockin’ Around the Christmas Tree,” “Feliz Navidad,” “Have Yourself a Merry Little Christmas,” “Here Comes Santa Claus,” “Last Christmas,” and “Ya Llegó la Navidad” that have not yet entered the public domain, so they should not be used without authorization.

But fortunately, there are Christmas carols like “Jingle Bells,” “Silent Night,” “The First Noel,” “The Twelve Days of Christmas,” “We Wish You a Merry Christmas,” “Deck the Halls,” “Santa Claus Is Coming to Town,” “Jingle Bell Rock,” and “Have a Holly Jolly Christmas” that are already in the public domain. So they belong to everyone and for everyone, as long as the authorship and integrity of the musical work are always respected.

So, the next time you think about using Christmas carols, think twice and make sure they are those that are already in the public domain.

By: Isabella Dipp y Laura Castillo

After the change from Facebook, Inc. to META, the “metaverse” has been on everyone’s lips. Although it may sound like something out of a science fiction movie, the metaverse promises to be real. This term refers to a wide variety of experiences, environments, and above all, assets, but all virtual; a kind of intangible universe.

It is speculated that the keys to unlocking the metaverse will be non-fungible tokens or “NFTs,” which are made up of blockchains. These tokens store a multitude of information in all possible formats. They are characterized by being unchangeable, uncopyable, and incorruptible, making them an asset for anyone who acquires them. Basically, it is a unit of data stored on a digital chain called blockchain, which contains a unique digital asset that is safeguarded and impossible to manipulate. This unit of data is a unique digital asset, which gives it its “non-fungible” quality.

Due to their characteristics and the great boom they have been experiencing, many companies have dared to venture into this digital world by creating their own digital assets.

We can see how Nike, which currently has a market capitalization of US$263.27 billion, recently proceeded with the registration of trademarks to protect “a system and method of providing cryptographically secure digital assets,” indicating that they will be entering this new digital world. Likewise, they proceeded with the registration of their most iconic trademarks such as “Nike,” “Just Do It,” “Jordan,” and “Air Jordan” for the protection of their use in various virtual goods and services.

On the other hand, in the beauty sector, we can see ELF with its non-fungible tokens, who ventured into the launch of their “Crypto Cosmetics.” The globally renowned beauty brand took three of its most beloved products by the public and brought them into the digital world. The products “Poreless Putty Primer,” “16hr Camo Concealer,” and “Ride or Die Lip Balm” from ELF are already available, and you can acquire your own “Crypto Cosmetics” to be part of this brand’s legacy.

Vogue Singapore also joined in by launching “mystery boxes” in NFTs as part of its September edition. The boxes contain artwork featuring sunrises from 10 cities around the world, created in collaboration with Brytehall and NFKings. The president of Vogue’s publishing company established that this is just the first step toward a long-term strategy to unite the cryptocurrency community with luxury brands.

Even the toilet paper brand “Charmin” released its own NFT crypto collection for sale. There are three original toilet paper art pieces. The art is a cryptocurrency token that certifies ownership of the digital file through a blockchain and will be accompanied by a physical display that allows this art to be hung alongside real rolls. The brand’s vice president says that “a good bathroom experience can expand beyond the seat,” and expressed that this was a fun way to “give Charmin’s biggest fans a virtual version of their favorite roll.”

Likewise, another company venturing into the world of digital assets is the NBA. After approximately US$84 million in revenue loss, they decided to venture into the digital world, leaning towards the NFT movement and making significant investments in them. The league has seen a great interest in “Top Shots” and launched its first digital initiative focused on collectible NFTs. They have dedicated themselves to commercializing the best game releases through blockchains, allowing fans to own unique and historic moments from their favorite games.

We all know the iconic American jewelry company TIFFANY & CO., which has maintained its status over the years, reinventing itself at times but remaining modern within its classic style. With its headquarters in New York City and branches around the world, what started as a stationery store has managed to position itself in the world of jewelry and glamour. It has even come to be considered one of the most luxurious jewelry companies worldwide. This was recently acquired by LVMH, so some changes are predicted in the not-too-distant future.

In the latest edition of Harpers Bazaar, a major novelty for TIFFANY was announced, revealing on its cover its new acquisition. This consisted of Beyoncé dressed in her own brand “IVY CITY,” combined with several classic Tiffany pieces. All to announce that the celebrity couple and music world stars will be joining their team of brand ambassadors. Which includes Beyoncé and Jay-Z, and celebrities Anya Taylor Joy, Tracee Ellis Ross, and Rosé.

You’ve probably heard that term a lot… “brand ambassador,” and it’s equally likely that you don’t fully know what these ambassadors do. That is, what permissions they have within the brand, and what their limitations are in relation to it; how one becomes a brand ambassador. In short, countless questions that come with the curiosity of any human being. Since it is talked about how celebrities become the face of the brand, but not the responsibilities that entails.

Indeed, a brand ambassador becomes the public face of the company to the market. In this case, the new faces of Tiffany & Co. are Beyoncé and Jay-Z. Among their main tasks is to create awareness about the brand, its products, and services. Normally, people are chosen who are known for setting trends within their communities; since the goal is for whoever represents the brand to make you want to acquire what it has to offer.

A candidate for the “brand ambassador” position must be someone with a social presence, primarily in the digital world. He or she must agree with the brand’s values, as well as its mission and vision, since this person becomes a spokesperson for everything the brand represents.

However, the intellectual property rights of the brand do not belong to the ambassador, and even less can the latter manipulate them as they wish. That is, they cannot grant permissions and licenses for the brands, nor can they alter their logos. Likewise, the ambassador’s image must be protected.

The contract by which this employment relationship is established must necessarily establish points about the permissions that the ambassador has over the brand and what uses the latter can give to the image of who represents it. That is, what may seem like mere advertising is pure intellectual property. On the one hand, it is necessary to regulate the rights of the brand and how it can be used by a third party. But on the other hand, the person’s image must also be protected, as it should not be used without their consent.