intellectual property rights

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Abstract

Intellectual property can be many things. It can be written, stored as data, drawn, and so forth. Any idea concocted by the human mind is intellectual property as is subject to exploitation. Intellectual property is nothing new. The concept has been around for quite some time. However, since the advent of computer technology and just recently the introduction of the Internet, the issue of what is and what is not intellectual property has come charging to the forefront. It all revolves around ideas. These ideas just happen to fall into the technology category. Because intellectual property is an intangible, it is sometimes difficult to protect it. It

is this confusion that continues to perplex many regarding the true definition of intellectual property and once defined how this property can effectively safeguard against its theft and exploitation.

“ If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it...He who receives an idea from me, receives instructions himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should be spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature ... Inventions then cannot, in nature, be a subject of property.” (Thomas Jefferson, 181) Thomas Jefferson was obviously not a firm believer in the notion that ideas can become ones own property. He felt that rather than grant one unlimited rights to an idea, a time limit should be put on this ownership. Today, any works created after 177 last the entire life of the creator and for a period of 70 years thereafter.




Intellectual property is no different than an individual’s car, boat, or front yard for that matter. It is still property and can be bought, sold, or auctioned just as any other property. What sets it apart from typical property is the fact that it is an intangible. Because of this nonconforming characteristic, it must in some way be reproduced into a tangible state. Some do not believe this protection is necessary. “On one side of the battle over freedom of information are people who believe that sharing information with other interested people is a good thing even if the information comes from someone who does not want it to be shared. Individuals and companies that would prefer that the information remain proprietary are on the other side of the fight.” (eserver.org) Whether or not intellectual property should be protected is beside the point. Protection is available and the opportunity to do so should be taken advantage of by all who consider their work vulnerable.

Intellectual property is not a new a new idea. Books, probably the most basic form of the intangible turned tangible, have always been a target of exploitation. In the past there have been feeble attempts to protect the ideas therein, but most met with no success until 1710. In this year, the Statute of Anne became law and copyright relative to books and basically, any other written document that held a copyright was protected by Parliament. The statute introduced two new ideas This action no longer made a copyright just an insignificant attempt to prevent copy of ones work as it had been in the past, but instead turned the copyright into an unarguable mark of ownership. Until this time there was not real protection for written works and the only method of safeguard was quite an arduous process. “It was not until the invention of printing in the late fifteenth century that a form of copyright protection was devised. Until then, the copying of a manuscript was a painstakingly slow process done mainly by monks. It was limited to copying religious works for orders and the royal courts of Europe. The majority of people were illiterate; only privileged members of society had access to these manuscripts.” (intellectual-property.gov)

Thus, copyright became the most important protection against the theft of intellectual property.

Currently, copyright does not protect ideas, names, or industrial articles. It does however protect musical works and dramatic works such as dance. Artistic works are also protected. These works include but are not limited to paintings, drawings, diagrams, photographs, maps, architectural works and works of artistic craftsmanship. Protection for musical works is also available providing the written arrangement is the proposed item to be protected. Once the musical work has been recorded in any form it is also available to be copyrighted. Copyright also protects films, including digital videos and videocassettes. Television broadcasts as well as satellite transmissions and related broadcasts can also be copyrighted for protection. And more recently relative to the computer age, databases can come under the protection of copyright law.

“There is no international copyright that enable you to protect your work throughout the world. However, most countries are members of the Berne Convention and the Universal Copyright Convention (UCC), which allow you to protect your works in countries of which you are not a citizen or national. Under these treaties, the following works may be protected (i) both unpublished and published works of an author who is a national or resident of a country that is a member of these treaties; or (ii) published works, with permission, of an author who is not a national or resident of a country that is a member of these treaties. In this case a work may be considered simultaneously published in several countries if it has been published in two or more Berne Union countries within 0 days of its first publication.” (whatiscopyright.org) These types of violations occur on a regular basis, most commonly in the form of pirated software. The Microsoft Corporation is frequently a victim of this type of activity. Given their outright dominative attitude and monopolistic behavior regarding operating systems and bundled software it is only because many individuals possess a common ethical code to continually do what is right by purchasing the software that Microsoft continues to dominate the marketplace. An attempt by Microsoft to remedy the situation by lowering the cost of upgrades will only slow the problem, not solve it. As with anything that can be violated, there is no end.

When surfing the Internet, many individuals see images or pages that they would like to copy and reproduce for purposes that are public in nature. Because the Internet is public domain, these individuals fail to recognize that these images or writings are indeed owned by someone.

The point is this. Images as well as the html code for web pages can be printed. This potential therefore makes these items copyright candidates. The only person that actually has permission to reproduce these materials is the creator. When an image or graphic is initially created, a date is attached to the file. When someone downloads the same image from a website and it is store on their hard disk the image will again be “re-created” on their hard disk with a new date. This date being the day they actually downloaded it. This date will obviously be later than the original creation date. The date appearing on the original file shows actual time of conception and therefore is a form of copyright and renders the original file protected. This is can be considered the “poor mans copyright” relative to the Internet community. The original copyright involves mailing an original document to ones self. The postmark is proof of conception in this case. However, this proof does not render an individual capable of claiming any monetary reimbursement should the copyrighted material be stolen and then used for profit. However, if the information contained in the mailed envelope is protected by a pending copyright and has been submitted for approval the violator is liable financially to the original creator/owner of the information. This type of “date protection” protection can be applied to any written document.

Information that can be copied and is not protected by copyright is considered to be in the “public domain”. These items are definitive of exactly when information passes into the public domain and becomes unprotected.

UNPUBLISHED WORKS

Type of Work Copyright Term What will become public domain on January 1, 00

Unpublished works Life of the author + 70 years Works from authors who died before 1

Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship) 10 years from date of creation Works created before 188

Unpublished works created before 178 that are published before January 1, 00 Life of the author = 70 years or December 1, 047, whichever is greater Nothing. The soonest the publications can enter the public domain is January 1, 048

Unpublished works created before 178 that are published after December 1, 00 Life of the author + 70 years Works of authors who died before 1

Unpublished works when the death date of the author is not known 10 years from the date of creation Works created before 188

PUBLISHED WORKS

Time of Publication in U.S. Conditions Public Domain Status

Before 1 None In public domain

Between 1 and 178 Published without a copyright notice In public domain

Between 178 and

March 1, 18 Published without notice, and without subsequent registration In public domain

Between 178 and

March 1, 18 Published without notice, but with subsequent registration 70 years after death of author, or if work of corporate authorship, the shorter of 5 years from publication, or 10 years from creation

Between 1 and 16 Published with notice but copyright was not renewed In public domain

Between 1 and 16 Published with notice and the copyright was renewed 5 years after publication date

Between 164 and 178 Published with notice 5 years after publication

After March 1, 18 None 70 years after death of author or if work of corporate authorship, the shorter of 5 years from publication, or 10 years from creation

(Hirtle, Peter B.)



Copyright is the bottom line as far as protecting intellectual property is concerned, but just because the material has been copyrighted, does not mean it is completely safe. The information is still vulnerable and rights can easily be infringed upon. To ensure its protection, the copyright must be registered with the United States copyright office. This procedure ensures that the copyright will then be recognized by anyone from any country as well as establishing it as public record. This record also allows one to file for financial reimbursement, as mentioned earlier, should the copyright be infringed upon. If this record is filed within five years of the original publication of the document, journal, song, etc., this registration provides further evidence that the copyright is indeed valid. However intangible it may seem, intellectual property is an asset and should thus be protected. Ownership of intellectual property is a powerful tool. In the wrong hands, this power could be devastating to the availability of information that is enjoyed in many countries. “A world in which all information is its discoverers property under all circumstances is unthinkable.” (eserver.org) Should a government decide to claim all unprotected written information as its own the world would be well on its way to an existence similar to Ray Bradbury’s Fahrenheit 451. Control over what is available for one to read and not read is a basic violation of everyone’s right to be informed. This “right to be informed” is a completely different issue. In the future, guidelines that are more specific will need to be formulated regarding how intellectual property is to be protected. But again, for now the copyright is the best course of action.

References

Harper, Georgia (001). Copyright Law in the Electronic Environment. Retrieved October , 00, from Office of General Council University of Texas System Web site http//www.utsystem.edu/OGC/IntellectualProperty/faculty.htm

Hirtle, Peter B. (1, January-February) Recent Changes to the Copyright Law Copyright Term Extension

Intellectual Property Rights Overview (17). Retrieved October , 00, from http//www.w.org/IPR/

Samuelson, Pamela (11, March). Is information property? Retreived October , 00, from

http//eserver.org/internet/Is-Information-Property.txt

Some Myths About Intellectual Property. Retrieved October , 00, from

http//www.ifla.org/documents/infopol/copyright/ipmyths.htm

Uk Intellectual Property on the Internet sponsered by the UK Patent Office. (000). Intellectual Property. Retrieved October , 00, from http//www.intellectual-property.gov.uk/std/resources/copyright/history.htm

What is Copyright Protection? (18-00). Retrieved October , 00, from http//www.whatiscopyright.org/

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