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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.
Copyright is the set of significant exclusive rights that have been conferred on the authors of works or copyright owners. It is used to protect their work from unauthorised transmission or copying and to the protection of their moral rights. These moral rights include the right of integrity of authorship, the right against false attribution of authorship and the right of attribution of authorship.
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.”
“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).
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
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.
This paper will endeavour to highlight some salient features of the Copyright and Related Rights Act, 2000 in relation to the re-use or re-distribution of commissioned software code.
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...
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 ...
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.
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.
The sale of software over Web sites and Auction sites is common and easy, making the Internet the perfect vehicle for counterfeiters. Learn how to protect yourself now.
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.
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 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.