Cultural and folk festivals are gathering places that promote cultural diversity and blend historical traditions with contemporary artistic expressions.
From live music to graphic design, including the performing arts, audiovisual arts, and traditional art forms, intangible assets are a cornerstone of these festivals, making them high-risk legal environments if appropriate preventive measures are not taken.
Implementing an effective industrial and intellectual property strategy is not only crucial for protecting the interests of the organizers and participants, but also contributes to the protection of the festival’s culture, sustainability, and recognition.
In the following article, we outline five key points you should consider as part of your strategy for protecting and leveraging intangible assets if you're thinking about organizing a cultural or folk festival:
1. Trademark protection: registration of the festival's name and logo
The first step in protecting intangible assets is trademark registration. Both the festival’s name and logo are distinctive marks, and protecting them is essential to prevent unauthorized use that could damage the event’s reputation or cause confusion among the public. In addition, it is advisable to register the corresponding domain name and create official social media profiles.
2. Copyright: Licenses and Assignments for Creative Content
Cultural festivals involve the extensive use of copyrighted works: music, videos, stage performances, visual arts, and others. Therefore, it is essential that organizers enter into agreements with the rights holders or their representatives.
These contracts must specify the terms of use for the works, including the duration of the license, the authorized territory, the means of exploitation, and any financial compensation.
3. Sponsorship Agreements: Regulations Governing the Use of Trademarks and Protected Content
Sponsorships are a crucial source of funding for these types of events, but they also involve the shared use of trademarks and other intangible assets, which requires clear and detailed regulations. Sponsorship contracts must specify the terms of use for trademarks, as well as any licenses for copyrighted works used in promotional activities.
It is also advisable to establish control and oversight mechanisms within the organization, during the creation of advertising materials, and throughout the event to ensure:
- The proper use of the sponsors' and organizer's trademarks.
- Respect for the intellectual and industrial property rights of third parties.
4. Management of Image and Recording Rights: Notices to the Public and the Media
At cultural events, it is common to capture images and sounds. However, when the event involves works protected by copyright or image rights, clear guidelines regarding image rights and reproduction must be followed.
Organizers must post visible notices on the premises informing the public and the media of the permitted purposes for recording and distributing content. In addition, they must ensure compliance with these regulations to protect creators’ rights and maintain the integrity of the event.
5. Respect for Cultural Expressions
Another aspect to consider is respect for traditional cultural expressions—those unique to traditional communities that form part of their cultural identity and have been passed down from generation to generation. It is always important to ensure that there is no misuse of cultural expressions.
Turning Culture into Value: Risks and Opportunities in Industrial and Intellectual Property at Events
Organizing festivals involves both exposure to risks—such as piracy, counterfeiting, or the misappropriation of content—and the potential to generate financial and reputational benefits through proper management of intellectual and industrial property.
A preventive strategy not only protects organizers from potential violations but also allows them to make the most of intangible assets—through licensing or controlled transfer—thereby transforming cultural value into real opportunities for development.
At Elzaburu, we assist organizers, rights holders, and public and private entities in designing and implementing legal strategies that ensure effective protection of industrial and intellectual property at all types of cultural events. Our team of experts enables us to offer a service that safeguards the value of intangible assets and contributes to the sustainable development of culture.
Cristina Espín, Senior Associate in the Legal Department (Business and Contracts) at Elzaburu.