Why Intellectual Property Rights Matter in the Creative Industry
April 26th marks World Intellectual Property Day – a global reminder of how important it is to respect creativity and innovation, not just in big business but in the work we do every day as balloon artists, event decorators, face painters, and soft play providers.
It’s easy to be tempted. A customer asks for a Mickey Mouse balloon display. Someone wants a Peppa Pig bouncy castle. Maybe a client sends a Pinterest image with a themed backdrop clearly featuring licensed characters from Netflix or Disney. It might feel like you’re simply giving your client what they want – but if the products, designs, or materials you’re using aren’t officially licensed, you could be breaking the law.
Even worse? You might not even know you’re doing it. Many online suppliers – especially those based overseas – openly sell materials that copy licensed characters and logos without permission. These are counterfeit goods, and using them in your business can have serious legal and financial consequences.
Why Does Intellectual Property Matter?
Intellectual Property (IP) protects the creations of people’s minds – everything from artwork and logos to inventions and brand names. For small businesses like yours, understanding IP isn’t just about avoiding trouble – it’s also about protecting your own creativity.
Let’s take a quick look at the five main types of intellectual property, and how they might affect your business:
1. Copyright -covers original creative works – like illustrations, photos, songs, and written text.
Impact: Most of the characters and themed designs clients ask for (e.g., Disney, Marvel, Bluey) are protected by copyright. If you copy or replicate these without permission, you’re violating copyright law – even if you didn’t mean to.
2. Trademarks - covers names, logos, slogans, and distinctive signs that identify a brand.
Impact: Think of Coca-Cola’s logo, the Olympic rings, Barbie or the Nike tick. Even using a “lookalike” version on your signage, balloons, or party decor could land you in trouble. It’s not just about exact copies – similar-looking designs can also be considered infringement.
3. Design Rights - protect the visual design of a product – including shape, pattern, or configuration.
Impact: If you make balloon sculptures or props that replicate the unique shape of a licensed character or object, that could breach design rights. Even colours and styles can sometimes be protected.
4. Patents - protect inventions – the way something works or the process used to make it.
Impact: Patents are less common in our industry, but if you’re developing a unique piece of kit, a tool, or an innovative product (like a new type of balloon frame), it’s worth exploring how to protect it with a patent.
5. Trade Secrets -information that gives a business a competitive edge and isn’t generally known.
Impact: Your own client list, pricing structure, or unique way of operating may be considered a trade secret. You should protect these from being shared or copied by others – and equally, never share or use another business’s confidential info.
What Can You Do?
Say No to illegal requests – explain to clients that you cannot use unlicensed characters or knockoff products, even if “everyone else is doing it.”
Buy from trusted suppliers (use the BAPIA Suppliers Centre) – always check that your materials are genuine and legally sourced.
Create your own designs – develop original, non-infringing alternatives that still capture the feel of popular trends (think “jungle theme” instead of “Lion King,” or “pirate party” without using Jake and the Never Land Pirates).
Stay informed – laws change, and ignorance is not a defence. If you’re unsure, ask or research before you commit.
Respecting IP = Respecting Creativity
As artists and creatives, we know how much time and heart goes into designing something original. Imagine someone copying your work without credit or permission – that’s how big brands feel when people replicate their characters or designs without paying for the right to do so.
When you operate with respect for IP, you build trust with clients, collaborators, and fellow creatives. Clients appreciate working with businesses that are ethical and professional, especially when brand partnerships or public exposure are involved.
Avoiding Legal & Financial Trouble
Protecting IP is taken seriously, especially in commercial or repeated cases of infringement.
Infringing on IP can result in:
Cease-and-desist letters
A cease-and-desist letter is a formal warning, usually from a lawyer, telling someone to stop using copyrighted, trademarked, or patented material—or face legal action.
Takedowns of your contentIf you use someone else’s work without permission, they can ask for it to be taken down - this is called a takedown. Social media platforms have systems to remove infringing content, sometimes without warning.
Repeated issues can lead to penalties or even account suspension. To stay safe, always use content you’ve made, have permission for, or have legally licensed.
Legal action
If you use someone’s intellectual property without permission, especially for commercial purposes, the owner can take legal action against you. This can result in court cases and financial penalties
Damage to your reputation
In creative industries, your reputation is everything!
If you're found using protected content without permission, whether it's a character, logo, design, or photo, it doesn’t just have legal consequences. It can seriously harm how others see your professionalism and ethics - Clients may feel misled or disappointed and Collaborators may distance themselves
All of these can be avoided simply by knowing your rights—and respecting others
Let’s lead by example and show that you can be creative, ethical, and successful – all at the same time.
If you have questions or want help finding licensed products or alternatives, BAPIA is here to support you.
