Intellectual Property Rights (Intellectual Property Rights (In regards to…
Intellectual Property Rights
Intellectual Property Rights
In regards to IT, there is property in data, others may copy the underlying facts from the publication, but not the precis words used to present them. This not only applicable to literature but also to software, program, music etc.
Mechanisms for promoting the purpose of IP Legislation are the property rights in the product that prevent others from reproducing it.
Common understanding of its purpose is that it is the natural right of the authors and inventors to benefit from economic rewards to which their intellectual labour is entitled to them through mechanisms.
Its purpose is primarily designed to encourage the creation of useful writing and inventions.
According to the U.S. Constitution, IP legislation is used as a means to 'promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their writings and discoveries' (U.S. Constitution, Art. I, Sec 8. )
For instance, a songwriter produces a song which culturally enriches (all our lives). Purpose is often forgotten in day-to-day copyright.
Silbey (2015) 'Economic health and continued productivity of the most creative and innovative industries'
Sword and Shield Approach
By establishing and asserting IP rights, it encourages the author to enter into new markets with new products.
'Sword' and 'Shield' approach can be used through publishers, where an author's IP can be protected to enable them to choose how they see fit. Without this, the progress of science and useful arts may be hindered but the control over their own property, the value of their work and the financial gains they would receive would be diminished.
The underlying and consistent theme would seem to be that, property rights should or must be asserted and then used to strategically benefit.
You are less likely to benefit from an exclusive 'Sword ' and 'Shield' Strategy with respect to your IP than your lawyer.
The 'Sword' and 'Shield' approach represents fighting off those who intrude on the property rights ('Sword') by establishing and asserting those rights ('Shield')
Up-front investments in IP can reduce the risk and cost of litigation.
IP has had a huge significance in today's society. For example, Napster, Amazon's one-click patent, the Da Vinci Code Case etc.
IP legislation is abstract. There is no direct mention of labour. A minimal degree of creativity (USA), Intellectual labour (EU) and used to help the common good (Communist Soviet Union)
Alford (1995) - China's Open Policy of the late 1970's on wards. Chinese enterprises have turned out a broad array of infringing items. Including, black label Johnny Walker Scotch, Infamous W&W candles etc.
Bently (1998) - 'Extends to all works of literature and art in the widest sense'
Commonality is there is a greater direct emphasis on the public good
Argument of Mental and Manual Labour
Bently (1998) 'It was widely agreed that mental labour - which flows from the intellectual labours of the mind and exertion of genius and thought - was fundamentally different from manual labour
Level must be intellectual (or professional) and not mechanical (syntactic) or clerical.
Customer Data is unlikely to be intellectual property - RURAL example
Spellcheck e.g. writing has elements of routine but not routine
12 Calendar Months - Can't claim intellectual property on it. Generally known, only possible logical order. Mark Twain - month arrangement - 'Creative Imagination'
The labour theory of copyright is sometimes referred to as the 'sweat of the brow' theory of copyright.
Degree of Resemblance
Steamboat Bill / Charlie Chaplin
In Harper & Row, for example, we explained that President Ford could not prevent others from copying bare historical facts from his autobiography, but that he could prevent others from copying his 'subjective descriptions and portraits of public figures'
Within the UK, there is a 'harm test'. If it doesn't affect those on the market, generally action doesn't take place.
There is the potential conflict between purpose and mechanism
The common understanding of the purpose of IP is to benefit the original author. It is the natural right of an author to benefit (through means such as economic rewards) from their intellectual property
Silbey (2015 ) 'Invest significant time, labour and money in their music and risk failure, to create something they believe is worth their effort'
Breyer (1970) Arguments for copyright protection are of two sorts: Some are based upon the author's 'moral rights' to reap the fruit of his labours or to control what he has created
Historically, this is the strongest and most frequently cited rationale for justifying copyright. Motivation for author to produce works which will benefit others.
Breyer (1970) Without copyright a copying publisher could avoid many of the costs of the original publisher - payment to the author, editing, plate composition, even initial advertising .
Devalues their work and how it impacts them financially.
Silbey (2015) ''Minimise the risk of losing time, money and reputation'
Silbey (2015) IP does not meet the desires of those who seek to protect or benefit from their creative or innovative. Some individuals actually wish they could demand more or different protection for their work.
Could be bargaining or giving it away
Silbey (2015) Relinquishing some shared control to audiences is an especially effective tactic in the age of social media and digital communication when audiences are more visible and engaged than ever. Harnessing their attention to build brand awareness and identify makes good business sense.
Best interest for author to get Google Books to get money off it against publishers' intellectual property
Without payment, the motivation to create is diminished thus, limits the progress of science and useful arts.
Publishers maintaining rights to allow authors to continue