The Intellectual Property

Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.

Art defines us, allowing us unleash our personalities and creative abilities through forms such as painting, sculpture, and, of course, music. For centuries, music artists in specific have exchanged ideas, embracing the culture of combining folk songs and tunes into their newer pieces of music. Today, some music artists wish to carry on with that tradition in what is now known as “rap sampling”. This method of sharing music has now interfered with the modern concept of copyright. With this relatively new legal action used to protect original works, ancient traditions of sharing music can no longer be practiced freely.

Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies

The purpose of the copyright system has always been to promote creativity in society and protect the creators’ interests. In applying copyright laws to any creation, three basic guidelines apply. First is the fair return for a creators labor, second is “Fair Use” of the creators’ labor and finally the Progress of Science and useful Arts to further the public good. The application of these three guidelines in litigation for A&M Records, Inc. v. Napster, found that the rights of reproduction, and distribution had been violated, in effect upholding the copyrights of nineteen different music companies represented under A&M Records name, this ruling had protected the music industries interests. However it would seem that the publishing industry would not be so lucky, litigation in Authors’ Guild vs. Google ruled that Google’s actions constituted fair use. Under these two scenarios’ the copyright laws’ have, effectively, protected the rights of music artists’, protected the public’s right to “fair use” and sparked new opportunities for creative growth. However, lawmakers continue to struggle to define copyright boundaries between the public’s right of use and the creators right to profit from their efforts.

In the musical sense, sampling is when a segment of music is taken from an original recording and is inserted, sometimes repetitively, in a new recording. A sample can be any type of media that is pre-recorded, from classical pieces of music, to rock guitar riffs. The origins of music sampling predate the 1980 's, when hip-hop was first brought on the scene. Some say that sampling has been around much longer than some think, steering to the fact that jazz musicians have always imitated each other 's riffs. In 1961, after being influenced by many other musicians who had experimented with sound and recording, James Tenney took it a step further by talking an existing popular song and changing it completely. His “Collage #1” took Elvis Presley 's recording of “Blue Suede Shoes”, took out sections, swapping them with others and played them along with the tempo of the song. Many could argue that this was the beginning of music sampling. Although that was the beginning, music sampling has only gained mainstream popularity through the Hip-hop/rap and electronic genres. Even though sampling is a very popular thing to do now in the digital age, it doesn 't come without it 's complications. These include many claiming that sampling is unoriginal and doesn 't need any musical creativity. Nevertheless, there are many points to counter-act these arguments including, generating interest for unknown music and encouraging musical experimentation. In this essay I will

It wasn’t until the landmark 1991 Biz Markie copyright infringement case over his use of a Gilbert O’Sullivan sample on I Need a Haircut that the courts determined sampling constituted willful infringement. Record companies, realizing the cost of an infringement case, pushed artists to declare the use of samples in their works. However, with fear of incurring additional costs, companies and artists also embraced the possibility of being sampled as they often earned royalties for their contributions. Some publishing companies, namely Bridgeport Music, Inc. and TufAmerica Inc., took the profitability of copyright ownership even

Emily Toronto is the director of opera, and associate professor of music at South Dakota State University. She has received a Doctor of Musical Arts degree from Michigan University, and has performed in a multitude of different opera groups. The fact that she is a musician gives her a unique perspective on the topic of copyright. Stephen G. Wood is a law professor at Brigham Young University, and has served as a consultant to the US Department of Labor, and Administrative Conference for the United States. Toronto and Wood begin this publication by explaining why copyright is needed, then continue on to show examples of copyright reforms. They finish by informing music teachers what they can do to encourage copyright reform. This paper argues

2.5 Examine Intellectual Property Law and its Ramifications - The intellectual property law protects and enforces laws about inventions designs and artistic works, this law has people working on products without fear of having their money stolen.

Intellectual property laws help protect users works that they have created from being copied by others. There are different types of laws to protect in different way such as copyright laws to will protect ones work from being copied or others from profiting from it. We also have trademarks used for branding items such as brand names or logos and receive different levels of protection depending on where, how known the brand is, and what type of product or service it represents. Other types of laws that cover intellectual property are patent laws that cover products to be made and that are currently being made; Apple holds the patent for an iPhone so no one can go and make iPhones and sell them other than Apple.

Other musicians merely sample parts of a song, using that sample to create their own work. Recently, rap musicians have even begun producing many remixes that continue to raise ethical questions. The practice of covering is essential to today’s music despite the moral and legal issues it creates. Today’s version of covering is

Intellectual property rights were first born as far back as medieval Europe. During these times, groups of artisans in a particular industry were given permission from the government to control conduct in other industries. These group’s job were to oversee what items were being imported, marketed, produced as well as how new inventions were introduced to the market. [1] Intellectual law during this time period was driven mainly by political and religious reasons since they were a huge part of everyday life. In 1710, intellectual law was made more specific with the passing of the Statute of Anne. This gave inventors an initial 14-year protection period and a possible 14-year renewal. However, it did not protect the inventor from foreign-language translations and the people were able to complain if prices were too high. [2]

Chapter eight of Ethics and Technology: Controversies, Questions, and Strategies for Ethical Computing by Herman T. Tavani is about intellectual property disputes. Tavani defines intellectual property as an intangible form of property that is protected by a system of laws through which authors and inventors are given ownership rights over their creative works and inventions. There are four legal frameworks for protecting intellectual property. The first of these is copyright laws. Copyright laws protect authors. An author can also be an individual or an entity such as an organization or corporation. The first United States copyright law was created in 1790 and protected books, maps, and charts. As newer forms of media were developed, copy right protection has extended to them also. In 1980 copyright laws were amended to include computers, programs and databases that exhibit authorship. In order for something to be protected with copyright laws it must be original, nonfunctional, and also fixed in a tangible medium. The second legal framework is patents which protects individuals who create an invention or process. Patent laws require that inventions be useful, novel, and nonobvious. The third legal framework is trademarks. A trademark is a word, name, phrase or symbol that identifies a product or service. To qualify for a trademark the mark should be distinctive. The last legal framework for protection is a trade secret. A trade secret is highly valuable

This essay will serve as an advocation for the instatement of compulsory licensing practices in regards to sampling in music. I have been intensely interested in the workings of copyright for a couple years, but have only recently sought out avenues to express my thoughts, findings, and ideas for change. I must begin with an admission: I do not believe that anyone can own or monopolize upon an idea. Intellectual property is a fundamental assumption held by copyright law, one which I will hopefully make the reader question and rethink for themselves. Before beginning, I feel it is only fair to those reading that I answer the question: “Why should you care about changing the copyright system?”

Intellectual property is very important as American business continues to expand and develops. Businesses are now attempting to penetrate foreign markets which are unique in their laws, customers and beliefs. As such, it is important for business to protect the intellectual capital that made their operations thrive and flourish. It is the nature of capitalism to copy or mimic successful products. It is when companies outright copy a trademark or patented process that complications arise. Intellectual property is no different in this regard. China specifically, has been notorious for infringing on American companies intellectual capital. WIPO defines refers to counterfeiting as "infringement on trademarks," and piracy as "infringement on copyright or related acts (Jacobson, 2008)." 5 to 7 percent of all world trade is comprised of piracy and counterfeiting. Piracy rates within China were at an alarming 92% ( Cheng, 2011).Nearly 1.3 Billion people now live in China, of which approximately 90% of them pirate software or commit other versions of cybercrime against intellectual property. The likelihood of actually getting caught for this offense is unlikely due in part to the sheer volume of citizens within the country. Would it be practical or even worthwhile to catch every small business counterfeiter within China? If so, what is to prevent another person from committing the same offense? With the ease of access to technology, I believe that literally any one of the 1.3

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