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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... ... middle of paper ... ...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.
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, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
Intellectual property abounds in our society, it is the direct result of the expression of an idea or other intangible material (Zuber, 2014). Our laws provide rights which are specific to the owner of the intellectual property. Furthermore, intellectual property is protected by laws just like tangible property is protected (Lau & Johnson, 2014). The most widely known forms of intellectual property rights include: trade secrets for confidential information, patents for a process/invention, copyrights for creative items and trademarks for brands (Lau & Johnson, 2014). While these rights may appear very defined, there are times when questions
Intellectual property rights (IPR) are extremely boring. This is a simple truth. There is nothing exciting about discussing copyrights, patents, trademarks, trade secrets. There is no such thing as an invigorating discussion revolving around the legal battles of Isaac Newton v. Gottfried Wilhelm. It just doesn’t happen. What does happen, however, are “invigorating discussions” revolving around sites like Limewire and megashare being shut down. A woman who was sued for illegally downloading ten songs was found guilty and forced to pay a fee of $10,000.
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
So, what is IP all about? In short, IP refers to inventions and creations of the mind. This could be a piece of art, like a symbol or a specific design,
Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies surpass copyright infringement and make a profit from the artist? Can a copyright really make that much of a difference in the world we know today?
Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium’s most continuous debates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling.
Consequently, innovation requires the support from intellectual property protection as it critical to fostering innovation. Intellectual property protects more than just an idea or a concept but it also protects genuine business assets that may be integral to the core services of the business and overall long-tern viability. Defensible intellectual property is one of the top things venture capitalists wanted to see in a business, particularly, a startup. Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development. The strongest protection comes from registering the work thus enables the creators to put a claim upon their work into public view, and discouraging people from using the work without permission.
The music industry, as represented by the Recording Industry Association of America (RIAA), has gone procedures in fighting both copyright infringement and piracy. Accordingly, as shown in the report of Arbor Networks, the overwhelming 40 percent of net traffic that shares music through peer-to-peer connection has rapidly decreased to just 18 percent in the year 2009. RIAA has sued internet fans who commit infringement. Furthermore, the association has also presented piracy surcharges on ISPs which offer an upgrade to peer-to-peer connections for fast downloads at a fee, and websites which provide free searches and downloads for music.
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 ...
Intellectual property are the legal rights (control and ownership) of creations, such as ideas; inventions; designs, etc. for the use in commerce (Bainbridge, 2012). Intellectual law in countries seeks to deter individuals or organizations from copying or capitalizing upon another’s work. The main areas protected by protect intellectual property law include: patent, copyright, trademark, and trade secret. Intellectual Property can be categorized under the following:
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.
Legal Protection of new inventions encourages the assurance of additional resources for further innovations. With Intellectual Property System, both public interest and innovators interest go hand in hand, hence providing an environment which inspires inventions and creativity benefitting everyone in the society.
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
Intellectual Property Rights are the rights that given to persons over the creations of their minds, such as inventions, literary and artistic works, designs, and symbols, names or images that used in commerce. In the other words, it is refers to the ownership of intangible and non-physical goods. It is also the general term for the assignment of property rights through patents, copyrights and trademarks. They usually give the creator exclusive rights over the use of their creation for a certain period of time.