INTELLECTUAL PROPERTY RIGHTS AND DIGITAL PIRATING
Luke Telfer
STATEMENT OF THE ISSUE
The idea of intellectual property can be traced back to ancient Greece with the first known reference involving the protection of culinary recipes developed by chefs. According to the World Intellectual Property Organization, “intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.”
The violation of intellectual property rights can take many forms, however the main ethical issue to be examined here is that of digital piracy of copyrighted artistic works and of the variety that involves individual consumption of such material (as opposed to blatant profiteering of the
…show more content…
ARGUMENTS IN FAVOR OF INTELLECTUAL PROPERTY RIGHTS
There are several approaches to defending the idea of intellectual property rights, each with their own strengths and weaknesses. Such approaches generally take one of three largely teleological forms: personality theory, utilitarian rationale, and Lockean arguments. Each of these forms advocates for the value of intellectual property rights in general and not specifically toward any particular type of intellectual property.
Personality Theory
Personality-based justifications for intellectual property stem largely from Georg Wilhelm Friedrich Hegel’s ideas on human will, personality, and freedom. Hegel insists that human will is the fundamental property of existence and that our will is perpetually trying to achieve actuality. This eternal struggle is therefore the essence of personality and it is in part manifested externally through our property. With this view in mind, creative works are necessarily the property of the creator and the creator ought to have complete control over them.
This is an important view for many forms of creation, but it is relatively unclear in how it pertains to digital copies of a creation. For example, defacing a classical painting would be seen as immoral even if the perpetrator has legally acquired ownership of the painting because the creator still has certain rights over the creation. However, if a
This paper is concerned with the way that Robert Cohn is portrayed considering his actions, immaturity, and relationships that lead to and anti-exemplary behavior in The Sun Also Rises by Ernest Hemingway. Cohn is a character who does not seem to change very much throughout the novel. The actions that Cohn presents in the beginning of the novel are still presented when it comes to the near end of the novel. While most of the characters are able to grow and learn the values, Cohn stays his immature self. Hemingway’s portrayal of Cohn is to demonstrate a better way to live as evident in characters such as Romero and the Count.
Introduction The essay is a reflection of American history concerning the American Revolution and the industrialization era. It is in the form of scenes from the movie ‘Back to the Future’. Lessons and comparisons are made with the modern times. Responses of characters in these historical times are analyzed using their expectations too.
Copyright provides artist the ability to protect their works recreation by others but the law lacks clarity of every possible dispute. The first amendment protects people’s freedom of speech and gives them ability to create anything. The problem surfaces when copyright overrides free speech and
One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.
With images, words, and sounds been almost endlessly reproduced and distributed, various critics of modern culture suggest that traditional ideas about art and authenticity are no longer applicable. The problem is said to have been noticed back in the 1930s in the popular essay The Work of Art in the Age of Mechanical Reproduction that was concerned about what would happen to the “aura” of unique works of art when photography and other techniques if anybody could make unlimited copies of images. With the rise of digital technology, copying ability became vast and complex and hence the idea of originality is thrown into
Intellectual property refers to the nonphysical property that is legally protected and owned. Intellectual property includes properties such as copyright, trade secret, patent, or even ideas. Intellectual property is called so as it is the creation of human intellect. The right enjoyed by creators over an intellectual property is called the intellectual property right.
“Intellectual property law is that area of law which concerns legal rights associated with creative effort or commercial reputation and goodwill” (Bainbridge, 2006, p. 03). The law exists to discourage others taking unfair advantage or copying the creative work of another person or group (Bainbridge, 2006). A country’s system of intellectual property rights has set standards to establish a creator’s rights, in order to prevent others from exploiting the economic value of their artistic endeavors, and have actions in place if the exploitation were to occur (Maskus, 2000). Some rights are there to benefit large corporations, while others are there to simply prevent unfair use
As computers and the Internet have become widespread illegally downloading files has become cheaper and easier than ever before. Copyright laws are broken so often the basis of them are put into question. Each new generation of musicians, writers, and artists face more difficult odds at making a living from their passion. This paper will discuss the legal and economic concerns of copyright laws. First, this paper will describe the background and history of copyright laws. Then, this paper will cover the concepts of ownership and stealing. It will then discus file sharing and how it has affected the entertainment industry. Finally, it will conclude with a look at how a hypothetical system without copyright laws would function.
Intellectual property is an exclusive set of rights given to the owner. These rights are given over intangible assets, “An asset that is not physical in nature. Corporate intellectual property (items such as patents, trademarks, copyrights, business methodologies), goodwill and brand recognition are all common intangible assets in today's marketplace” (investopedia.com, intangible asset, 2014) A patent is the inventors bread and butter of the intellectual property world.
There is such a legal concept as "intellectual property". Intellectual property is defined as the creation of any intellectual innovation by an individual such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. The law provides him exclusive rights to this innovation and is strictly against theft or plagiarism in any way. Innovators can safeguard their property by one or more of the following: copyright, trademarks, patents, industrial design rights and in some jurisdictions trade secrets.. Copyrights, patents, and trade secrets are each authored by different Offices. Each is based on the Laws of Commerce. (LII. Intellectual property). Cultural attitudes, in fact, esteem words and knowledge above that of certain other property, since knowledge is something that cannot be as easily duplicated as, for instance, an article of common furniture can. To illustrate the veneration that contemporary society accords intellectual invention, software is more expensive and valuable than hardware sink the
Copyright laws were established to provide authors with rights over their creations and to prevent unauthorized use and distribution of these creations by others. Although the law grants ownership to one party, usually the author of the work, there is a doctrine for granting ownership of “work-made-for-hire” to educational institutions (Crews, 2006). This doctrine supports that if the employee developed the work under the parameters of their scope of employment or through the use of resources provided by the employer, then the employer owns the rights to the work (Crews, 2006). In an effort to clarify the mandates of copyright law and improve understanding of intellectual property ownership, educational institutions have developed their own policies addressing intellectual property ownership. The policies vary by institution, but share the same purpose of providing guidelines and conditions for ownership of creations by the educational institution’s faculty.
Media piracy can sometimes be viewed as a repercussion of the digital age we live in. Although it had grown to become a common practice over the last 20 years, media piracy continues to be an illegal activity monitored by the Federal Bureau for Intelligence (FBI). Its effects range over a variety of industries, including software, music, TV and movie production. There is no denying that media piracy has transformed the way consumers enjoy products. By analyzing the origins of media piracy, studying its usage today, and debating the global and ethical views, one can see how this is an issue
Media piracy and copyright issues have been seen as a huge issue in the history of national and international law. These issues have grown to greater concern up to this point in time because of the advancements in technology, the ease of stealing information, and the accepting culture of copying, sharing and redistributing copyright material. It has become a part of our daily lives like downloading music from YouTube through third-party sites, pirating movies from online websites through torrents and torrent applications, or copying scripts off the internet for school productions. Since the beginning of the rise in copyright and piracy issues, research has shown that Canada and the United States have taken some similar and some different approaches these issues.
Intellectual property is very important, without such protection, almost everything would have been like a chaos, because, people would not be encouraged to invent, innovate or discover anything, the fact
Since the 1840’s, women have stood for their rights and have successfully made a difference in the world. However, gender discrimination is still a major issue for women. Gender discrimination involves treating someone unfavorably because of that person’s sex. It can also involve treating someone less favorably because of his or her connection with an organization or group that is associated with a certain type of sex. Women have been victims for the past 90 years. They have fought for their working rights, their voice in politics, and their income equality.