Intellectual Property
Everywhere we look there is intellectual property. Intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets” (USLegal, n.d.). With all of the intellectual property readily available, online and in print there is no wonder that we as a society have an issue with safe guarding our own intellectual property. In order to protect our intellectual property there have been many laws and or rules established to govern how we handle and safeguard this type of property. These laws are found at both state and federal levels and are different between states. In a similar fashion, laws vary between countries as well.
US Intellectual Property Laws (Copyright)
The laws that
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Wherein, associated laws that deal with copyright can be found. These laws in general use the original U.S. Copyright Act of 1976 as a framework. Then each unique aspect of copyright law is written dynamically to account for the complexities inherent with the type of possible situation or scenario. Title 17 covers a multitude of use cases to include ownership and transference of copyright ownership, duration of a copyright, import and export of copyrighted material. In total there are 13 individual chapters within Title 17 that accounts for the various copyright situation / scenarios. Additionally, Title 17 also includes other transitional and related statutory provisions. These provisions include the original Copyright Act, the Digital Millennium Copyright Act of 1988 and the Intellectual Property Protection and Courts Amendments Act of 2004 (United States & Library of Congress, …show more content…
The laws in all three countries are extremely similar. However, in Australia the moment an idea or creative concept is documented, on paper or electronically, it is automatically protected by copyright (IP Australia, 2013). This automatic copyright applies to books, films, artwork, music, sound recordings, databases, computer programs, and so on. It applies to essentially any original idea or piece of work. The protection is provided to Australian citizens under the Copyright Act of 1968. This act provides the owners exclusive rights and outlines that there is no official copyright registry or application process for
To acknowledge my team members about the Australian copyright law and how it effect to their work, as a management steering group I will explain it through presentation or meeting the basic Australian copyright law plainly to my team members so they have a knowledge or basic information about the law and this things will definitely change or affect their work because it increases their awareness and it will affect their work for example the team members will use their creativity rather than just copying from the other
Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.
Copyright is any expression recorded in any physical form, published or unpublished in any medium whether it is music, books, artworks or newspaper articles. Federal publications, facts and ideas are not copyrighted (www.honolulu.hawaii.edu). The very first copyright law that was established was known as the Statute of Anne, which was authorized in England in 1710 (history of copyright, 2005). The newly founded constitution allowed secure rights to its creators. An act very similar to the Statute of Anne was passed by congress in 1790 as the first American copyright law (history of copyright, 2005). As more and more books were produced and were becoming more accessible domestically and internationally in Europe and North America, it became
2.4 Discuss Rights and Implications of Copyright Law - the law gives right to the producers to edit the Work and all versions of the work. The law will also protect unpublished and published work.
This means that all online course materials are to be considered under the copyright section of the policy as outlined above.
An effective system of intellectual property is important in facilitating innovation as well as economic growth within a country and across all its borders (Davidson, Monoti, Wiseman, 2012). The current global economy is concentrating more in the invention of ideas that are original, other than in manufacturing of machines. To enhance and protect these ideas, there ought to be effective intellectual property laws. The government of Australia has prioritized the protection of original ideas from individuals through copyright, patent, and trademarks among other intelligent property laws, which give the inventor a temporary period to enjoy the financial benefits of his or her original idea. The major purposes of intellectual property laws can be contested; therefore, they create areas of interest for
The origins of Australia and Singapore’s law of copyright are connected as both the laws first originated from the United Kingdom (UK). The first copyright statute, British Statute of Anne 1710 which was named after Queen Anne, was initially applied to the copying of books only. As the first modern copyright law, it recognized copyright as an author’s right, a major and important change in philosophy and in law. Registration of works in the Stationers’ Company register book was required of the owners of the rights as a condition of protection.
Copyright Law 1988 automatically applies whenever an individual undertakes any following work such as: Dramatic, Artistic, Sound Recording, Musical or Film. In order for the law to apply, the work requires to be an original and not copied or adapted from any existing work. Usually the individual or joint authors who have created the work will exclusively own the work and would be referred to as the “first owner of copyright”. However, if the work has been produced as part of service then the first
IP laws seek to protect something which can’t be touched or seen. Some other examples of IP laws include:
In order to understand the concept of copyright infringement first we need to know about intellectual property and laws that are under intellectual property. Intellectual property is the property that is the invention or a creative work by one’s own idea or knowledge. There is law that protects this intellectual property by giving some restrictions to the persons who use it; these laws are called copyright laws. When a person who is using the creative work of another person and when that person crosses any limit and opposes copyright law, then it is called copyright infringement. Some cases that are considered as
American businesses are losing up to an estimated $60 billion each year in the global market from intellectual property violations. The problem continues to grow as more American companies invest overseas, and more products consist of intangible or intellectual property. American companies face more than just economic challenges: if losses of intellectual property rights continue to go unchecked, businesses may choose not to make foreign investments, customers may be injured, and innovation discouraged.
Patent Protection: A patent provides a legal right to stop someone from a third party from manufacturing, using and selling an invention or design within Australia, it can be used to license someone to use or manufacture an invention on agreed terms.
Since 1979, China has formally begun acknowledging and protecting Intellectual Property Rights (IPR). However, despite the implementation of a legal framework consisting of three national laws passed by the National People’s Congress, China is still renowned for its intricate copycat culture, a mentality in which copying is not necessarily frowned upon and at times is even respected, and the lines regarding what consitutes intellectual and public property are often hazy. This paper will therefore aim to explore-- to what degree is IP protected in China? In order to answer this question, it is necessary to fully examine the legal infastructure that has been created to formally and judicially protect IPR. This includes first considering the nature of IP protection prior to the introduction of formal IPR laws, followed by examining the 3-fold legal system that has been implemented including the Trademark Law, the Copyright Law and the Patent Law. It is finally also necessary to understand the Chinese copyright culture, what this mentality entails, and to what degree is it still accepted in China.
Description of cultural attitudes towards and presumption about whether a person can own words and knowledge. Indicate if modern trends such as globalization and easy access to information affected these and give consideration as to whether are also applicable in an organization. Also indicate if the presumptions hold true in ones career as an employee of the organization and how may this essay be relevant to ones work.
In light of the AUSFTA, Australia has significantly amended its copyright legislation to be more in line with American copyright law. However, Australia has yet to adopt American-style fair use doctrine. In Australia, an otherwise infringing use of copyright material can only be fair if the dealing was for one of five specified purposes. American fair use doctrine, in comparison, is more open-ended and not limited to a set of specific purposes. Rather, a test consisting of four non-exhaustive factors is applied on a case-by-case basis for determining whether an impugned use is ‘fair’. The first of the fairness factors is the ‘purpose and character of the use’ which essentially concerns whether the use is transformative. The definition used by the Australian Law Reform Commission (ALRC) is the use of “pre-existing works to create something new, that is not merely a substitute for the pre-existing work.” In some analyses, whether a use is transformative has become the key question in