Intellectual Property Insights from Fishman Stewart
Newsletter – Volume 26, Issue 16
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Beneath the Rocket’s Red Glare: Intellectual Property Considerations for Drone-Based Light Shows
As we celebrate our nation’s birthday on July 4th, many communities are replacing or supplementing traditional fireworks with drone-based light shows. These displays can paint the night sky with flags, eagles, logos, and moving scenes, all choreographed with impressive precision. While the result may look effortless from the ground, each show reflects a layered combination of artistic expression, software-driven engineering, and commercial planning. That combination makes intellectual property protection especially important.
The creative elements of a drone show often carry significant value. The choreography of the drones, the shapes and images they form, the timing of color changes, and the synchronization with music may all reflect protectable expression. Copyright may apply to visual works, software code, and in some circumstances choreographic elements. Music also requires careful attention, because using a soundtrack in a public performance generally requires appropriate licenses and clearances. For show designers, contracts should identify who owns the creative works involved, who may reuse them, and what exclusive or limited rights are tied to the creative materials after production.
The technical layer is equally important. Drone light shows depend on flight-control software, firmware, swarm-coordination systems, safety protocols, and sometimes customized hardware. These innovations may be protected through patents, copyrights, and trade secrets, depending on the nature of the technology and the company’s business strategy. Patent protection may be appropriate for novel control systems or hardware improvements, while trade secret protection may be better suited for proprietary algorithms, operational methods, or internal processes that are not publicly disclosed. Confidentiality agreements, access controls, and well-drafted vendor contracts are key to preserving these rights while patent and trade secret protections are reviewed during development of a particular technology.
The commercial layer ties the creative and technical rights together. A drone show may be designed for one city, sponsor, or event, but later adapted for other performances. Without clear contract language, disputes can arise over exclusivity, reuse rights, ownership of show files, access to source code, and the ability to modify or license the display. All parties involved in the development of a drone light show should consider whether the show is meant to be a one-time performance, a reusable creative asset, or a performance piece tied to a broader license. They should also address confidentiality, indemnification, insurance, and the handling of third-party materials such as music, logos, or branded imagery.
As drone-based light shows continue to grow in popularity, all parties tied to their creation (whether designers, engineers, or entities purchasing the shows) should think about intellectual property before the first drone leaves the ground. A strong strategy can protect the artistic design, secure the underlying technology, and preserve the commercial value of each performance. At Fishman Stewart PLLC, we assist innovators, artists, engineers, and businesses with contracts, copyright registration, software protection, patent strategy, and licensing for emerging technologies, including drone-based entertainment.
Juan Rodriguez is a licensed patent attorney with more than twenty years of experience in intellectual property and software-based technology law. He handles matters involving software, biomedical devices, blockchain systems, web-based applications, and intellectual property protection. He is licensed in Nevada, New York, and before the United States Patent and Trademark Office.
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