Essay on Intellectual Property Protection

1208 Words5 Pages
Intellectual property protection has become increasingly popular in the last century. Many factors have probed interest in this area of the law. A few of those factors include musicians seeking protection of their musical talents through use of copyrights, companies seek to protect inventions of advanced production capabilities, companies create trademarks that differentiate their unique goods from competitors, and companies like Coca-Cola protect their undisclosed ingredients for their products through use of trade secrets. These examples are to gain an understanding of how and why intellectual property rights help companies seek advantages in the marketplace. Furthermore, as the world shrinks because of advancements in transportation…show more content…
Work not covered under copyright include, but not limited to: works not fixed in tangible form, titles, names, familiar symbols, common knowledge, and methods to name a few (U.S. Copyright Office). Copyright infringement is not taken lightly. The United States entitles the copyright holder to damages and profits earned by the infringing party. Or, the copyright holder may select statutory rewards between $500 and $20,000 (inadvertent violations) or $100,000 (willful violations). With this said, copyright infringement is often difficult to prove. Two main types of copyright infringement occur, (1) direct copyright infringement and (2) contributory copyright infringement. Under direct copyright infringement, the plaintiff must prove (1) ownership of a valid copyright and (2) copying of constituent elements of the work that are original (Barnes, Dworkin & Richards, 2011). Direct copyright infringement may be excused if use of the creation is considered fair use. Plaintiffs seeking suit in contributory copyright infringement, must prove (1) direct infringement by a primary infringer, (2) knowledge of the infringement by the defendant, and (3) material contribution to the infringement by the defendant (Barnes, Dworkin & Richards, 2011). Because technology has allowed users to reach the world with the World Wide Web, contributory infringement is a serious issue. Many internet sites have made piracy readily accessible and users are “ripping”
Open Document