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
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.
Copyrights are more limited in scope than patents. They protect the original works of authorship, not the ideas they contain. In the United States, original works include literary, drama, musical, artistic, and certain other intellectual works. A computer program, for example, is considered a literary work and is protected by copyright. A copyright gives its owner the exclusive right to reproduce and distribute the material or perform or display it publicly. However, copyright law does permit limited reproduction of copyrighted works without the owner 's permission for “fair use” such as criticism, teaching, and news reporting. In the United States, a published work must have a copyright notice, the name
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
Films, artworks, diagrams and DVDs also can apply through fair dealing but the amount of how much the resources we can copy are based on the copyright Act.
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
The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and
In Section 107 of the US copyright law provide 4 factors that need to be considered
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.
Intellectual property law are legal rights for the creation of mind. It provide rights to the person against illegal use of his copyrighted material by third party. Owner of artistic material like music, painting, apps or design of materials to claim his right over the property and sue the claiming party legally.
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
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.