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Intellectual Property essay
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Intellectual property is that the tangible results of human power and creativity. IPR is a general term that covers patents, trademarks, trade secrets, industrial style, database rights and copyright. Money and efforts are concerned in any analysis, innovation or invention resulting in a product, process, method, design, literary and creative work etc. The results of money gains to its authors or creators are usually registered under one or the various heads of Intellectual property rights. The creation, transfer and use of Intellectual property are protected by laws as the other material property. Such laws that defend the right of the creator granted by State that accords specific economic right to have, use and disposition of their creation …show more content…
Copyright was designed for three basic reasons that are to reward creators for his or her original works; to encourage availableness of the works to the general public; and to facilitate access and use of copyrighted works by the public in bound circumstances. The three technological advances, particularly the networking, digitalized information and worldwide web has modified the economics of information benefits down. Digitalization of information has modified the economics of replica, networking has modified the economics of distribution and therefore the worldwide web modified the economics of publication. While copyright provides terribly clear rights to copyright owners, it conjointly sometimes provides restricted exceptions to people who may would like to use the proprietary work for legitimate functions that don't harm the rights holders’ legitimate commercial interests. Copyright legislation regularly permits restricted copying by libraries and archives. Library privileges granted under copyright law allow copying of any item within the permanent assortment for the needs of preservation or replacement, given that prescribed conditions are complied with. Copying is merely permissible wherever it's not moderately practicable to buy a duplicate of the item. Materials should be for reference use solely, and materials on temporary loan don't seem to be eligible. Therefore, the standing of digital material that's subscribed to is however remotely access isn't clear. Additionally, this exception applies solely to literary, musical and dramatic works, not creative works. Nor will it apply to sound recordings or films, materials that usually form necessary components of library collections, notably massive research libraries like national libraries. In the beginning, copyright law only applied to books, but this soon extended to derivative works and other translations. But today, copyright
In the case study “Pirates”, there is a debate of should copyrights been protected or not, or should illegal pirating been allowed? (Brusseau, 2012). One argument states that the copyright should be protected since it is an intellectual property. On the opposite, the argument argues that people who cloning the CDs may purchase the CDs themselves or given the original CDs by someone else, they own this property now, and they can do what they want with it.
“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).
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.
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).
The rapid development of technology over the past few centuries has certainly left an impact on the world of halacha¸ or Jewish Law. Poskim, the formulators of the halacha, have had to make decisions on a variety of topics to accommodate fast-paced advancements in areas ranging from travel (When does one crossing the International Date Line celebrate a holiday?) to home appliances (Under what circumstances may one use a refrigerator on the Sabbath?). One issue that has been particularly relevant in recent years is that of digital piracy. The ubiquity of personal computers, the Internet, and the spread of peer-to-peer programs like Napster and BitTorrent have made a never-ending stream of media accessible to many Orthodox Jews. Naturally, this has kindled an interest in the matter of copyright. Does Jewish Law provide any protection to the author of an original work? What are the halachic implications of violating a copyright?
The computer industry’s dependency on new programs and innovative software has led to the protection of intellectual property becoming a topic of fierce debate in the field. In the late 1980’s and early 1990’s, this issue spurred numerous lawsuits, thereby forcing the courts to set precedent and guidelines about how to prove copyright infringement of software. Many of these cases were in regards to copyright infringement of graphic user interfaces, or GUIs; which consist of the visual cues and representations seen through a particular program or software. GUIs, in essence, determine the “look and feel” of a program. The dilemma that the computer industry faced was how similar one interface has to be to another to constitute copyright infringement. The response to this dilemma would also serve as the response to other issues faced by the industry at the time: Should computers, similarly to automobiles, have a standard “dashboard” (a.k.a. GUI) to enable computers to be more efficiently used (Markoff)? What is the balance between the sharing of information that promotes innovation and the protection of intellectual property?
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.
Copyright is not a natural process; it is essentially an agreement between the state and an artist, where the state gives the artist a monopoly on works they make for a certain time in hopes that this artist will continue to create more works. This agreement is beneficial for all parties; the artist gets money for their work (as no one is allowed to produce copies unless granted permission) and an incentive to create new works. The state has artisans to keep the public happy.
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.
Piracy is primarily a problem for the entertainment and software industries, and therefore piracy most often involves violations of copyright law. Copyright is a legal right that protects creative works from being reproduced, performed, or disseminated without permission of the copyright owner. Essentially, a copyright gives its owner the exclusive right to make copies of the material in question.
In its simplest terms, copyright is the U.S. government’s way of protecting the rights of anyone creating an original work, such as a play, song, poem, book, or artwork. Only the work’s original author or creator can make copies, distribute, sell, perform or adapt that work. Originally passed into law 35 years ago, the Copyright Act of 1976 has undergone many changes in the wake of advancing technology, including such changes as categorizing any work on the Internet as “published” (Copyright Act of 1976). Of
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.
Many people who use the Internet regularly have downloaded some kinds of copyrighted materials such as music and movies. However, should it be illegal to protect copyrighted materials more strictly? Today, downloading and sharing copyrighted materials is illegal in many countries such as Japan and the United States. In fact, people who share copyrighted materials get fines or jail sentences. For example, according to Yahoo Movies, a man from Gunma Prefecture in Japan was arrested for uploading a movie, the Wind Rises, in 2014. Nevertheless, downloading and sharing copyrighted materials should be legal for the economic growth and for artists.
However, in recent years, it is not uncommon to see copyright in the possession of a third party other than the creator. These companies make use of copyright as an investment and financial tools to gain profit. In this case, the use of copyright loses its original purpose of protecting the creator, but used as a mean for financial gain. This could possibly hinder creativity as innovation becomes a financial tool catered to the tastes of the general public, while the less marketable new ideas goes unnoticed by the general public under the copyright laws. It is crucial to note that online platforms such as blogs, Facebook and Youtube, and people making their music/works available online for free shows the rapid surge in the number of people willing to sacrifice their copyrights to market themselves to the world. In this highly saturated market, copyright laws can become less relevant as marketing and business is placed on higher
A copyright is a legal means that gives the creator of mythical, imaginative, musical, or other creative work the solitary right to publish and sell that work. Copyright owners have the right to manage the reproduction of their work, including the right to receive imbursement for that reproduction. An author may contribute or sell those rights to others, including publishers or recording corporations. Breach of a copyright is called copyright