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Chapter 4: Intellectual Property
Intellectual property
Chapter 4: Intellectual Property
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Recommended: Chapter 4: Intellectual Property
Introduction
Intellectual property protects things that are intangible although given value. They are given value both through the law and through the market place. To protect these ideas of mental labour copyright is used to protect these expressions, for example; books, newspapers, paintings, photographs, music, films and television programs are all the result of a creative process. Each of these products is covered by copyright, which protects the interests of the creator. Copyright in these products acknowledges both the fact that the creator has produced an article and the right for the creator to be paid for the thought and effort involved in its creation. The laws of copyright protect authors' ownership of their intellectual property.
Intellectual property is essentially a generalized name, which is given to copyright, software licenses, trademarks etc. Each of these forms of intellectual property is protected by the Circuit Layouts Act 1989. This act protects the layout-design of integrated circuits; it also protects the three-dimensional location plans, which are shown of the electric components of an integrated circuit from the plans.
Computer software and files are no different from artistic products, as their creation also involves a great deal of thought and effort. The laws of copyright cover software. As it takes a great deal of money, skill, time and effort to produce and maintain application software, copyright also protects the large monetary investment made by the software company. The main problems found with software items are the ease of copying and difficulty of detecting breaches of copyright.
License agreements specify the legal framework in which the program can be used. Licensing software gives the us...
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...to promote the progress of science and useful arts, by securing for limited right to their respective writings and discoveries”
1790
The first U.S federal copyright law protects the author of any “book, map or chart” for a renewable term of 14 years.
1976
The Congress adopts the Copyright Revision Act of 1976 after 20 years of study. Big jumps in technology, including video, photograph, radio, television and photocopier, had ‘stretched’ previous copyright protections.
1990
Visual Artist Rights Act is passed by the Congress, which protects artists’ rights of attribution and integrity. Covers paintings, drawings, photographs, prints and sculptures.
Although, the progressions of copyright laws have lead to them bring very ineffective, as most other laws are. Piracy has taken over and people have stopped paying for music, movies, online books and software all together.
Prior to the enactment of the Statute of Anne in 1710, the idea of copyright law, remained in the private law context, was in hands of profit-making stationers' company who only served to uphold their own interests in printing the materials. The Statute of Anne deeply affected the American law of copyright (Patterson, 1965) marking the beginning of copyright in a public context. Although the Statute itself had handful of loopholes like it only governed the printing of books and did not stipulate any means to identify the author, it was still often referred as the most authoritative legislation document because of its groundbreaking, historical impact on its protection to the natural and property rights of authors. In my essay, the Copyright Ordinance in Hong Kong will be illustrated to show that it succeeded the spirit of Statute of Anne, favoring the vigorous and prospering development creative work in our city. I would also suggest some ways to amend the Law in the modern circumstances where Web 2.0 Communication Tools reinvented the creative industry significantly.
and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
In week 10 of spring semester we discussed chapter 11’s Intellectual Property Law. “Property establishes a relationship of legal exclusion between an owner and other people regarding limited resources.” In this chapter, we learn that the Constitution allows Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors to the exclusive Right to their respective writings and discoveries.”
The Statute of Anne (the first modern form of copyright law) was introduced after the printing press was invented. Before this time, books would have to be hand written and for this reason they were ve...
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
Copyright Law of the United States of America. (2013). Retrieved from Copyright United States Copyright Office.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
In the United States Constitution it states “The Congress shall have power ... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” (Garofalo 33).1
Intellectual property is the ownership of ideas as well as the control over the tangible or virtual representation of those ideas. Software is intellectual property, as are books, movies, and music.Like music performers and authors, software developers use copyright laws to protect their work and their investment in the field. The theft of intellectual property thus eliminates the resources used to develop newer and better products.
Basically in conclusion, the purpose of intellectual property law motivate new technologies, artistic expressions and inventions while promoting economic growth. Firstly, when one tries to steal and misuse your work, their moral issue is at concern. Secondly, it is immorally wrong that one just copy and use your work for their own benefits. Thirdly, it is to protect business growth. Lastly, it important that you take action to protect the intellectual property which you have as it will be a waste of effort if your ideas get into the wrong hands. The result of this could be that it could led to you losing your whole assets entirely. Therefore, it is important to have your intellectual property material to be kept secured.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.
An intellectual property (IP) policy is a set of guidelines. These guidelines provide employees with the principles applicable in dealing with intellectual property that belongs to third parties and businesses. An IP policy is an effective means of protection against unintentional infringement.
Our legal system is gradually developing a code of laws to provide a legal framework for working with computers and on the Internet. The most prevalent breach of law in cyberspace is software piracy, the illegal copying or use of a program. Copyright laws relevant to computers and software are covered by the Copyright Act of 1976 and the Software Piracy and counterfeiting Amendment of 1983. Instead of building copy protection into their programs, most software developers discourage privacy among organizations by offering site licenses and network versions.