Essay on Intellectual Property Protection - 1208 Words

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 infr ingement 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 â€Å"ripping†Show MoreRelatedProtection of Intellectual Property Essay1030 Words   |  5 PagesProtection of Intellectual Property Introduction There is a lot of controversy about intellectual property and its application to software. There are many difficult, fundamental questions that arise, such as exactly what aspects of a piece of software should be protected under copyright or patent. 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One can comprehensivelyRead MoreThe Protection Of The Citizens Intellectual Property2487 Words   |  10 PagesIt was 17th century philosopher John Locke who popularized the idea that the ideal government’s principle duty was to protect the material property of its citizens, but perhaps just as important to the health of a nation, is the protection of the citizen’s intellectual property. Without the protection of intellectual property innovators and artists would have no rights to their creations, therefore no incentive to create new works. To protect these men and women, lawmakers drafted some of the mostRead MoreWhat Type Of Intellectual Property Protection?1084 Words   |  5 Pagesregistered, remain in effect for a 10-year period, and have 10-year renewal options. The process of applying for patents, copyrights, and trademarks vary. Patent The first step in applying for a U.S. patent is to determine what type of intellectual property protection is required; for example a patent, copyright, trademark, or trade secret (USPTO Investor Resources, 2015). Additionally, you must determine if your invention is patentable and if so, what kind of patent you need. There are three typesRead MoreCopyright Laws and the Protection of Intellectual Properties922 Words   |  4 PagesCopyright laws are intended to protect the intellectual properties of writers, musicians, artists, and others. In order for a work to be copyrightable, it must be both tangible, or fixed, and original. There have been many changes made to copyright law throughout time, however, each change has been made in order to further protect a persons intellectual property. In order for a work be eligible to be copyrighted it must fall into one of seven tangible or fixed categories. These categories include