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Intellectual property and the internet
- 1. CT231 Professional Intellectual Property and Skills 1 the Internet Diarmuid Walsh NUI Galway 10310777 <a rel="license" href="http://creativecommons.o rg/licenses/by- nd/3.0/ie/"><img alt="Creative Commons License" style="border-width:0" src="http://i.creativecommons.o rg/l/by-nd/3.0/ie/88x31.png" /></a><br />This work is licensed under a <a rel="license" href="http://creativecommons.o rg/licenses/by- nd/3.0/ie/">Creative Commons Attribution-NoDerivs 3.0 Ireland License</a>.
- 11. Attitudes to this range from "Intellectual property on the internet should not be protected" to "Intellectual property on the internet should be highly protected. http://www.researchoninnovation.org/iippap2.pdf
- 13. Intellectual Property can be freely infringed so as long as the source of the item is attributed http://www.law.berkeley.edu/journals/btlj/a rticles/vol12/Schlachter/html/reader.html
- 14. Suggests that property creators should have protectable rights in their creations, but they do not believe that these rights are absolute. http://www.law.berkeley.edu/journals/btlj/a rticles/vol12/Schlachter/html/reader.html
- 15. The author has the right to be attributed in the work and to object to a particular use of the work. http://www.law.berkeley.edu/journals/btlj/a rticles/vol12/Schlachter/html/reader.html
- 19. CT231 Professional Skills 1 Diarmuid Walsh Nui Galway
Editor's Notes
- Introduce yourself and topic
- When a person has a creation, can be called their assets, a set of exclusive rights are recognised in the corresponding fields of law. Authors assets can include Art work, Music, Written Material, Invention etc, etc, etc.
- Legal Concept which most governments agree with – gives the creator of an original work the right to copy sell or publish, usually for a limited time only. The creator also has the right to be credited in the work and to say who can commercially benefit from it and also to who may adapt the work to other forms.
- Distinctive sign or indicator used by an individual business organisation or other legal entity to identify that the product or services originate from a unique source and to distinguish them from other ones.Unregistered trade mark – a mark used to promote or brand goodsService mark - a mark used to promote or brand servicesRegistered trademark
- A trademark is typically a name, word, phase logo or a symbol design, image or combination of these. The owner of a trademark can commence legal proceedings for trademark infringement to prevent unauthorised use of that mark. Rights attach to the trademark which can be enforced by way of action for trademark infringement
- Form of Intellectual Property, consists of rights granted to an author by the state for a limited amount of time in exchange for the public disclosure of their assets. Rights granted to the patentee in most countries include preventing others from making, using, selling or distributing the patented invention without permission.
- Information on the Internet is easily copyied. This is because costs of copying are low and copying is usually anonymous. Publishers have often responded with more action towards Intellectual Property rights with extensions to those rights for additional content such as new forms of access and new media.
- Pictures can easily be got on google images. Music can easily be downloaded from websites such as “piratebay” or from a youtube video converted to mp3 and on application such as frostwire and limewire with an Internet connection. Napster by sean parker. However Napster and Limewire were shutdown.
- Founded in 1999 , a peer to peer file sharing application which allowed users to download music in mp3 format, but got shut down and took over by another company when it became bankrupt when it ran into legal difficulties due to copyright infringement. Co- founder Sean Parker whos the founding president of facebook.
- Limewire was also a peer to peer file sharing application but if you go the limewire website you’ll see something like this. Limewire is under a court order since oct 26 2010 to stop distributing the limewire software.
- Is this right to be able to get all this on the internet or should there be some restrictions? Attitudes to this range from "Intellectual property on the internet should not be protected" to "Intellectual property on the internet should be highly protected.
- There are five distinguishable segments for these attidues. The first one is information should be free on the internet. Everything is “fair game” and should be available for all to use. Of coarse this one wouldn’t be fair as everyone has private details they don’t want other people getting access to.
- Next deals with the right of Attribution. Intellectual Property can be freely infringed so as long as the source of the item is attributed. So it’s a bit like Copyright except that it can be freely infringed. Although, U.S. copyright laws rarely requires attribution.
- Next one is Limited use of works subject to copyright . Suggests that property creators should have protectable rights in their creations, but they do not believe that these rights are absolute. So thisfavors the author alot. The author could get many rights and benefit alot since they are not limited or restricted in any way.
- Next one is Moral Rights. In this case the author has the right to be attributed in the work and to object to a particular use of the work. This perspective strongly favours the author but often the author cannot assign his/her own rights or enforce them.
- The last one deals with strong intellectual property rights to the author. This suggest the author should have significant power to control the use of his/her intellectual property. Author's power should be beyond moral rights and permit the author to control all uses of his or her work.
- The restriction for use of digital works on the internet is not always clear. Although there is provisions for “fair use” the web raises issues as to what is appropriate, legal and fair to content owners and consumers. A major legislative attempt to take control of copyright in the digital world is Digital Millennium Copyright act
- Signed into law by president Bill Clinton in 1998. The act: Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet.Requires that "webcasters" pay licensing fees to record companies.Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.States explicitly that "[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..."