The Federal Bureau of Investigation defines Intellectual Property Theft as a crime involving robbing people or companies of their intellectual property (ideas, inventions, and creative expressions) which can include, but is not limited to, trade secrets, movies, music, software, and proprietary products (fbi.gov). Intellectual Property Theft, albeit a crime, is not always clear. Sometimes it is just miscommunication. Tattoo artist S. Victor Whitmill filed a lawsuit against Warner Brothers Entertainment for their replication of the tattoo that he placed around Mike Tyson’s left eye (Gambino, p1). Warner Brothers Entertainment claimed “fair use”. Eventually, the case was settled in an agreement with undisclosed terms (Gambino, p1).
Section 134(2) of the Criminal Law Consolidation Act (‘CLCA’) provides that a person will be guilty of an offence if they seriously encroach on the owner’s rights to their property. To seriously encroach would mean the offender dealt with the victims property with the intention of treating it as their own to dispose of at will. Or, the offender dealt with the property in a manner that created a substantial risk to the owner of recovery. The function of s 134(2) is to deter the possibility of that harm. To permanently deprive someone of their property rights by dealing with prope...
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
One of my art professors told the class about Richard Prince, who is a collage artist. He was sued by the photographer Patrick Cariou. Prince took Cariou’s photo and drew on them or pieced them together with other images to create his works. Some pieces were major transformation and other were minimal. Some of the artwork was deemed as falling under fair use while others were determined to be copyright infringement.
With a population of 1.357 billion (2013)3, China is the most populated country in the world. Along with the huge population comes a market that is unmatched by any other country of the world. Both domestic companies and foreign companies want to tap into this large market that just recently embraced capitalism and entered into the World Trade Organization.
All human societies and communities have basic ethical principles that constitute certain moral codes. People formulated these principles and rules many centuries ago; they are fundamentals that structure human behavior and as such are included in all major religious and ethical systems. One of these basic rules is “do not steal”, something children are taught from their very early age. In our rapidly developing and dramatically changing contemporary world, ethical issues and problems are becoming ever more important and urgent. Maintaining basic ethical principles in a variety of settings and conditions requires more than accepting major moral values; it calls for courage, commitment, character, and strong and flexible reasoning and judgment. Ethical principles have been developed by different philosophical teachings and theories that analyze and structure worldview principles including, as one of their basic parts, ethical issues. In their everyday life, people often use words “good” or “bad” defining by them what they understand as ethical, or moral behavior or that which is immoral or unethical. They normally make no discrimination between ethics and morality, although the former “seems to pertain to the individual character of a person or persons, whereas morality seems to point to the relationships between human beings” (Thiroux Jacques P.20). The simple definitions of “good” and “bad”, however, turn out to be complicated and even controversial when we try to formulate consistently the principles that underpin them or define standards for judging and evaluating these norms.
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.
Firstly, Creator being accused as a theft. For instance, Creator who had created its own product, design, logo, invention, name, literary, artistic works, symbols and image that used in commerce purpose. Their hard work may be taken by others if they did not protect their intellectual property well. Those who had taken this creation may have already promoting it into market and making it to be more famous by advertising and earning big money. If this creator want to sell this idea to others or use it to create its own business, People will be accusing him being a theft where he had stolen other person work. This may not only causing him to lose its hard work, he will also be blaming for stealing.
Piracy is a form of theft. Specifically, it refers to the unauthorized copying or use of intellectual property. Intellectual property is knowledge or expression that is owned by someone. There are three major types of intellectual property: 1) creative works, including music, written material, movies, and software, which are protected by copyright law; 2) inventions, which are protected by patent law; and 3) brand-name products, which are protected by trademarks. Many of the issues surrounding piracy have to do with the difference between intellectual property and physical property. A CD, for example, is a piece of physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns, or more precisely, has the copyright to the songs on the CD.
Shultz II, C.J and Saporito, B. (1996), ‘Protecting Intellectual Property: Strategies and Recommendations to Deter Counterfeiting and Brand Piracy in Global Markets’, The Columbia Journal of World Business, 31(1): pp. 18-28.
With the popularity of the Internet, sales for CDs, DVDs, Movies, and many other products have increased. Along with the increase of sales has brought forth an ever increasing problem of illegal media being downloaded. Programs such as Bittorent, Kazaa, and other direct-connect networking programs have allowed the transferring of such illegal media. Downloading song files from the Internet over a free peer to peer network is the moral equivalent of shoplifting music CDs from the local mall.
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.
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.
Through the years history has documented amazing men and women which have contributed much of their ideas to improving society. Intellectual Property Rights plays a vital role in not just safeguarding the individual to protect the use of their ideas from misuse but it was meant to promote inventiveness and creativity.
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.