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An essay on intellectual property rights
Intellectual property
An essay on intellectual property rights
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Intellectual Property refers to any original creative work manifested in a substantial form that can be protected. When an intellectual property right is mentioned, it refers to controlling the manner in which intellectual property is used, distributed or accessed. The intellectual property right is enforced by the World Intellectual Property Organization which is an organ of the United Nations. The organization holds that intellectual property rights are those rights that a person has over their own mind creations (Bagheri and Casprini 33-34). The World Intellectual Property Organization gives the creators exclusive rights over the use of their creation for a given period of time. This essay will focus on intellectual property through the …show more content…
It is due to the increasing peer-to-peer networks and higher broadband speeds that are increasingly used to share films and television programs (Chen, Shen and Tan 46). Intellectual property rights in the development of computing technology have been raised due to the massive piracy in the industry. For example, the Lost Series Five recorded the most piracy event as a show in 2010. It recorded more than two million downloads within its first week. Another more than 100,000 people reported to be sharing a single “torrent” (peer-to-peer sharing metadata file). In fact, a subtitled version of the final episode of Lost in Portuguese reportedly appeared, within 20 minutes of broadcast, on the pirate website. These show how an intellectual property right is a significant concern in the development of computing technologies (Dodeja …show more content…
However, their relative importance varies with their field. Patents are specifically important in the development of science and computing technologies. While social sciences and arts are normally concerned with copyright, the expansion of database and computing technologies gives database rights and copyright and increasing importance to the sciences. Intellectual property is categorized into categories: copyright and industrial property. However, the major types of intellectual property rights in the development of computing technologies include Copyright, Database rights, Patent, Trademarks, Performance rights, and Design rights (Cook
However, despite the strong copyright policy and punishment of the United States Federal Copyright Act, as enforced by police as well as the Motion Picture Association of America (MPAA), piracy still rages on, especially...
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
When Tim Berners-Lee created the Internet as a non-proprietor, not-for-profit information conduit, he could not have predicted how controversial digitized intellectual property would become. Prior to the Internet, intellectual property was a fairly straightforward issue. It was protected with copyright, trademark, and patent legislations, which granted exclusive rights to owners. Violations were not as abundant because distribution was constrained by time and space. Moreover, violators were identifiable because anonymity was difficult to achieve. In today's "global village" however, digital information such as books, music, software and art can be instantly shared between two anonymous users, without any fee to the creator. Legislation is much more difficult to enforce.
Foster, Sharon E. "Prelude to Compatibility between Human Rights and Intellectual Property." Chicago Journal of International Law 9.1 (2008): 171-211. ProQuest.Web. 30 Oct. 2013.
It is first beneficial to know the definition of piracy. Piracy has been characterized multiple ways from multiple disciplines. For the purpose of this paper, I will apply the definition of piracy from the 1982 United ...
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
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 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)
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
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.
All around the world, people connected to the internet are downloading free digital content through P2P file sharing software. Intellectual property rights are being violated as people are downloading free content through P2P (Peer 2 Peer) networks, and illegal websites online. Production companies can’t do anything about that because developers of this type of software can’t be blamed for what people share.
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 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.
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.