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Intellectual property based on ethical considerations essays
The importance of intellectual property
Intellectual property based on ethical considerations essays
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Ethics and Intellectual Property
Introduction
Intellectual property, also known as IP, is an intangible asset that is the product of human creativeness and is also protected by the law. It was not until the later part of the twentieth century that intellectual property laws were necessary. Our world becomes more technologically savvy every day. While technology is becoming a big part of our lives, companies that produce these intangible assets are in competition for the legal rights that are associated with them. Some of the most common types of intellectual property rights include trademarks, copyright, patents and trade secrets.
One of the most popular and profitable industry in today’s world is with the entertainment industry. There is a lot of competition with artists and can be quite difficult to become successful. One the major reasons why it is so difficult to get a record label is because the artists have the potential to become millionaires. This is one of the reasons why it is imperative for intellectual property to be protected.
Importance of Intellectual Property
While intellectual property is becoming more important, protecting the rights has become more vital as well as complicated as time goes on. An example of one of the internet’s well-known intellectual property cases is between the Recording Industry Association of America (RIAA) and Napster. Napster was sued by the Recording Industry Association of America because of Napster was allowing people to share music files which resulted in thousands of people downloading music as opposed to buying CD’s or purchasing the music online.
There were a lot of ethical issues that arose within this case. Napster did not believe they broke any laws, but instead they provided...
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...e a generic component. The same product cannot be duplicated because of the patent and it is as if that product never even existed.
Conclusion
Intellectual property is very important in today’s world, especially with all of the technological advances. There must always be a proper balance between the content producers and the public good. The protection and enforcement of intellectual property rights should be used to help the promotion of technological creations in a way that is promising to a balance of obligations and rights. It is important that intellectual property rights are there to benefit the public good as well as the content producers. In the case that I had mentioned earlier with Napster, the public good was not of any issue. The major ethical issue in this case was the fact that Napster knew that they did not have any legal ownership over the music.
Napster appealed the ruling of the lower court and the case then landed before the United States Court of Appeals for the Ninth Cir...
The case was settled out of court when Napster agreed to ban some 300,000 users who had allegedly downloaded Meta... ... middle of paper ... ... co.uk/content/archive/12647.html - 4/9/00 Napster Boosts CD sales - survey - http://www.theregister.co.uk/content/1/12093.html - 4/9/00 Napster Details Copyright Case Defence - http://www.theregister.co.uk/content/archive/11750.html - 2/9/00 US Appeal Court sets Date for Napster Trial - http://www.theregister.co.uk/content/1/12909.html - 2/9/00 Napster Loses Preliminary Hearing - http://www.theregister.co.uk/content/archive/10729.html - 2/9/00 Napster throws Metallica a Curvevall - http://www.salon.com/tech/log/2000/05/10/napster_metallica/index.html - 31/8/00 Napster to Face Music in Courtroom - http://www.usatoday.com/life/cyber/tech/review/crh121.htm - 2/9/00
“It is estimated that such illegal product costs the music industry more than 300 million dollars a year domestically.” This is why the Recording Industry Association of America (RIAA) is taking a strong stance against MP3 piracy. The damage done to the recording industry in lost profits, increased prices, and lost jobs is overwhelming. In an attempt to put a damper on file swapping, and recapture lost revenue the RIAA has been suing people ...
“A patent is an intellectual property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.” ("Patents," 2014) There are three types of patents, utility, design, and plant. Utility patents protect useful process, machines, article of manufacture, and composition of matter. Design patents pro...
Recently, there has been a series of copyright infringement litigations against Internet businesses that are involved with unauthorized distribution of music files. The US recording industry claims to lose three million dollars per year because of piracy. A report predicted an estimated 16 percent of all US music sales, or 985 million dollars would be lost due to online piracy by 2002 (Foege, 2000; cited from McCourt & Burkart, 2003) Even though this claim has to be taken with caution, as it is based on false assumption that if copyright laws were strictly enforced, audio pirates would become buyers, it is apparent that audio piracy grew to a worrisome level for the record industry. (Gayer & Shy, 2003)
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
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.
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.
We have to remind legislators that intellectual property rights are a socially-conferred privilege rather than an inalienable right, that copying is not always evil (and in some cases is actually socially beneficial) and that there is a huge difference between wholesale piracy'the mass-production and sale of illegal copies of protected worksand the filesharing that most internet users go in for.
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 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.
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
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.