Intellectual Property
In an Electronic World
Business Law & Ethics
Introduction
This paper provides a general overview of some major issues facing both producers, publishers and consumers of intellectual property. The emphasis, however, is on copyright. Today, of course, that copyright includes the all-pervasive electronic environment of the internet. There are many media in which intellectual property problems arise.
History and Definitions
“Intellectual property” is property resulting from another’s creative efforts. Trademarks, logos, patents, books, computer files, movies, music, painting, menus, choreographic works, pantomimes, product packaging, architectural designs and even sculpture may be considered to be intellectual property. In fact, even a student paper such as this may (perhaps too generously) be classified as intellectual property.
The Miller – Jenz text makes the observation that “. .. the value of the world’s intellectual property now exceeds the value of physical property . . . “. Clearly, then, intellectual property has become a huge factor in business, social life, entertainment, and international trade. There is much government regulation in the field of intellectual property, as well.
In the past, the most important aspects of law involving intellectual property were copyright and fair use, defamation, trademarks, trade secrets and patents.
Prior to statutory copyright laws, a common law of copyright existed which protected an author’s work only until it was published. After being published, if there was not statutory protection, then the author’s work entered the public domain and became unprotected! One a work is in the public domain, it cannot be protected. Statutory copyright law in the United States originated with Article I, Section 8 of the U.S. Constitution: “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.” Congress enacted the first copyright law in 1790. It was decided early that the term “writings” includes many things which might not be considered “writings” in the normal use of the term.
It is possible to sue under common law copyright infringement. In fact, such a suit can be brought in a state court. However, an action for statutory copyright infringement must be brought a federal d...
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...nt the infringement of intellectual property rights.
Internet publishers who are unable to afford the cost of registering every single page of a web site (cost is $20 per registration) may instead register multiple works as a collection. Since copyright registration requires the sending of materials, the internet publisher faces the choice of sending screen printouts, or code, or both. If the code is more important, Field recommends treating the content of a web site like software.
Copyright Enforcement
If the author believes he may have to sue to prevent infringement, he is well advised to register the copyright. This is also true of copyrighted material on the internet. Copyright notice prevents the defense of innocent infringement, and increases the chances for a big bucks recovery on willful infringement, where the statutory damages can be up to $100,000.
An action for statutory copyright infringement, as noted earlier, must be filed in federal court. Of course, depending on the nature of the facts involved, there may also be other theories of recovery available.
BIBLIOGRAPHY
Miller, L.M., and Jentz, G.A., Business Law Today, 6th Edition. (2002). South-Western College.
Technology nowadays is getting more and more dangerous, especially to our ears. Every day we are subjected to videos, text sounds, alert sounds, alarms, and anything else that may be of use in life. These sounds seem to be happening more often which is damaging our ears. There is a solution to this damage though, and that is cochlear implants. These implants will bypass the damaged part of your ear to give you a sense of sound that can be made very useful to the patient. This paper will look into how the ear works, how hearing loss happens, why these cochlear implants are a good solution, how these implants work, cost and ethics related to these implants, and what the future holds for them.
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.
...e to communicate with the people that have supported her throughout the whole process and others that she will meet in years to come. She is happy, intelligent, and is open to new foods and learning new things at an accelerating rate. Nicholas used to be antisocial and quiet around the other kids at his daycare. However, now has the confidence to make friends at daycare, interact with them, play with them and have the courage ride his new tricycle. His parents describe him as a “speed demon.” Music has helped him improve on skills he was lagging and has essentially built up his self-esteem. He has improved overall and completely changed. Music is extremely beneficial since it has helped expand therapeutic purposes for autistic patients like Ashley and Nicholas, but others that have been through severe trauma, a heart attack and patients suffering from cancer too.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
Barrow-Moore, J. (2007). The effects of music therapy on the social behavior of children with autism. 1-49.
“Anyone else who uses copyright material in those ways will infringe copyright unless they have permission from the copyright owner or a special exception applies. One act may result in the infringement of several copyrights” (Film & Copyright, 2012, p. ...
See, C. (2012). The use of music and movement therapy to modify behaviour of children with autism. Pertanika Journal Of Social Sciences
Music therapy is a strategy that can be tweaked and modified to fit each particular student and those student’s needs. Because every child who has ASD may not suffer with the same things. However, this strategy allows a teacher to differentiate the way it is administered to each student. A lot of students, who have ASD, struggle with communication. “MT is a non-verbal therapy;” (Kalyva, 2011, p. 91) “which is why the method is particularly effective for individuals with verbal expression difficulties, such as children with autism” (Landau,
Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the integrity of artists copyrights in the age of MP3. Prince has now filed a motion in New York federal court aimed at shutting down several websites offering free downloads of the Artist's songs." (http://www.mtv.com…19990304/prince.jhtml) In addition, in recent music news, "Nine Inch Nails lead man Trent Reznor copyright infringement suit was dismissed. Another artist claimed that the Reznor had stolen material for his last album." (http://www.mtv.com…19991202/nine_inch_nails.jhtml) The copyright law has become an important legal aspect to know our music generation.
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.
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
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 ...
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
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.