13.3 Intellectual Property and Copyright in Communication
3 min read•august 7, 2024
Intellectual property and are crucial in communication, protecting creators' rights while allowing for . These concepts ensure original works are respected and creators are compensated, but also allow for limited use in education, commentary, and research.
Balancing creator and user rights is an ongoing challenge in the digital age. Open licensing models and fair use exceptions provide flexibility, but ethical considerations around and continue to shape the landscape of intellectual property in communication.
Intellectual Property Rights
Types of Intellectual Property Protection
Top images from around the web for Types of Intellectual Property Protection
legal writing: Types of Intellectual Property View original
Is this image relevant?
Useful Patents Trademarks And Copyright Information View original
Is this image relevant?
legal writing: Types of Intellectual Property View original
Is this image relevant?
Useful Patents Trademarks And Copyright Information View original
Is this image relevant?
1 of 2
Top images from around the web for Types of Intellectual Property Protection
legal writing: Types of Intellectual Property View original
Is this image relevant?
Useful Patents Trademarks And Copyright Information View original
Is this image relevant?
legal writing: Types of Intellectual Property View original
Is this image relevant?
Useful Patents Trademarks And Copyright Information View original
Is this image relevant?
1 of 2
- Copyright grants exclusive rights to the creator of an original work (books, music, films) to reproduce, distribute, perform, display or create derivative works based on the original
- protects words, phrases, symbols or designs identifying the source of goods or services distinguishing them from others (brand names, logos, slogans)
- provides exclusive rights to an inventor for a limited period of time in exchange for public disclosure of an invention (new products, processes, machines)
Obtaining and Enforcing IP Rights
- Register copyrights with the to establish a public record of ownership and secure additional legal rights
- File for trademark registration with the (USPTO) to protect brand identity and prevent others from using similar marks
- Apply for a patent through the USPTO by submitting a detailed description of the invention, which is then reviewed for novelty and non-obviousness
- Enforce IP rights through legal action such as sending cease-and-desist letters, filing lawsuits for infringement, or seeking injunctions to stop unauthorized use
Copyright Exceptions and Alternatives
Fair Use Doctrine
- Allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship or research
- Four factors are considered in determining fair use: purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect on the potential market value
- Examples of fair use include quoting excerpts in a review, using clips for educational purposes, or creating parodies that transform the original work
Open Licensing Models
- provides a set of free copyright licenses allowing creators to grant specific permissions for others to use their work (Attribution, ShareAlike, NonCommercial, NoDerivatives)
- Open source software licenses like (GPL) and allow users to freely use, modify and distribute the software's source code
- refers to works not protected by copyright, either due to expiration of the copyright term (70 years after the author's death) or deliberate release by the creator
- Works in the public domain can be freely used by anyone without permission or attribution (Shakespeare's plays, classical music recordings, government documents)
Ethical Considerations
Academic and Professional Integrity
- Plagiarism involves using someone else's work or ideas without proper attribution, violating principles of academic honesty and intellectual property rights
- Proper citation practices, such as using quotation marks, in-text citations and reference lists, help avoid plagiarism by giving credit to original sources
- Universities often use plagiarism detection software (Turnitin) to identify potential instances of academic dishonesty and enforce honor code policies
- In professional contexts, plagiarism can lead to disciplinary action, damage to reputation, and legal consequences for copyright infringement
Balancing Creator and User Rights
- Digital Rights Management (DRM) technologies are used by copyright holders to control access and prevent unauthorized copying of digital media (e-books, music, video games)
- Critics argue that DRM can limit legitimate uses under fair use, hinder preservation efforts, and infringe on consumer rights (inability to resell or lend purchased content)
- The (DMCA) prohibits circumvention of DRM and has been controversial for its impact on fair use, free speech, and innovation
- Debates over copyright reform seek to strike a balance between incentivizing creation, enabling public access, and adapting to new technologies (orphan works, mass digitization projects, remixing and user-generated content)
Key Terms to Review (20)
Audiovisual works: Audiovisual works are creative productions that combine both sound and visual elements to convey a message or tell a story. This includes movies, television shows, video games, and other forms of media that utilize both audio and visual components to enhance the viewer's experience and understanding. They play a crucial role in communication by engaging audiences through various sensory modalities.
Campbell v. Acuff-Rose Music: Campbell v. Acuff-Rose Music is a landmark Supreme Court case decided in 1994 that addressed the issue of copyright infringement and fair use in relation to parody. The case centered around the hip-hop group 2 Live Crew, who created a parody of Roy Orbison's song 'Oh, Pretty Woman' without permission, which led to a legal dispute over whether their use constituted fair use under copyright law. This case is crucial in understanding how courts evaluate the balance between protecting intellectual property and allowing transformative uses in communication.
Copyright: Copyright is a legal protection that grants creators exclusive rights to their original works, including literature, music, art, and digital content. This protection helps ensure that creators can control how their works are used and distributed, preventing unauthorized reproduction and plagiarism. It also plays a vital role in the digital age, where the sharing and reproduction of content happen rapidly online.
Creative Commons: Creative Commons is a non-profit organization that provides free licenses and tools for creators to share their work legally while still retaining certain rights. These licenses enable users to legally use, remix, and distribute creative works under specified conditions, fostering a culture of collaboration and innovation. Creative Commons is essential in the digital age as it balances the interests of creators with the public's right to access and share information.
Digital Millennium Copyright Act: The Digital Millennium Copyright Act (DMCA) is a United States copyright law enacted in 1998 that aims to protect copyright holders in the digital environment while balancing the interests of users. It addresses the challenges posed by the internet and digital technology, providing legal protections for both creators and users by updating copyright law to include digital content. The DMCA also establishes a framework for the management of copyrighted material online and includes provisions for limiting liability for internet service providers (ISPs).
Digital Rights Management: Digital Rights Management (DRM) refers to a set of technologies and legal frameworks used to control the use, modification, and distribution of digital content. This system helps protect the intellectual property rights of creators and owners by limiting unauthorized access and ensuring that content is used according to specified licenses. DRM is essential in industries like music, film, and publishing, where digital distribution has become the norm.
Eldred v. Ashcroft: Eldred v. Ashcroft was a significant Supreme Court case decided in 2003 that addressed the constitutionality of the Copyright Term Extension Act (CTEA), which extended the duration of copyrights in the United States. The case arose when Eric Eldred challenged the extension, arguing that it violated the First Amendment by limiting access to public domain works and inhibiting creativity. The ruling affirmed Congress's authority to extend copyright terms and reinforced the balance between protecting intellectual property and fostering public access to creative works.
Fair Use: Fair use is a legal doctrine that allows limited use of copyrighted material without requiring permission from the rights holders. This concept is crucial in balancing the rights of creators and the public interest, particularly in areas like education, commentary, criticism, and news reporting. It serves as a defense against copyright infringement claims and helps promote the sharing of knowledge while respecting intellectual property rights.
GNU General Public License: The GNU General Public License (GPL) is a widely used free software license that guarantees end users the freedom to run, study, share, and modify the software. It aims to promote and protect the idea of copyleft, allowing developers to distribute their work freely while ensuring that all derivative works remain open and accessible under the same licensing terms.
Intellectual property theory: Intellectual property theory refers to the legal and philosophical framework that protects the rights of creators and inventors over their original works, inventions, and ideas. This theory emphasizes the importance of recognizing and safeguarding the interests of individuals and entities who produce creative content, encouraging innovation and creativity. It intersects with various legal concepts, including copyright, trademarks, and patents, and plays a crucial role in the fields of communication, technology, and commerce.
Literary works: Literary works refer to written creative expressions that encompass various forms such as novels, poems, plays, essays, and short stories. These works not only entertain but also convey ideas, emotions, and cultural values, making them significant in understanding human experiences. In the context of intellectual property and copyright, literary works are protected by law to ensure that authors maintain their rights over their creations and receive recognition for their contributions.
MIT License: The MIT License is a permissive free software license that allows software to be freely used, modified, and distributed. Its simplicity and permissiveness make it one of the most popular open source licenses, facilitating collaboration and innovation in software development while ensuring that the original authors receive credit for their work.
Musical works: Musical works refer to compositions that are created in the form of musical notation or performance, encompassing elements such as melody, harmony, and rhythm. These works are protected under copyright law, which grants creators exclusive rights to their original compositions and performances. Understanding musical works is crucial because it connects to broader issues like intellectual property rights, the commercialization of art, and the balance between creative freedom and protection.
Patent: A patent is a legal right granted by a government to an inventor or assignee for a limited period, typically 20 years, giving them exclusive rights to make, use, sell, and distribute their invention. This system encourages innovation by allowing inventors to profit from their creations while preventing others from using their ideas without permission. Patents are crucial in the fields of technology and communication, ensuring that creators are recognized and rewarded for their contributions.
Plagiarism: Plagiarism is the act of using someone else's work, ideas, or expressions without proper acknowledgment, presenting them as one's own. This unethical practice can occur in various forms, including copying text verbatim, paraphrasing without credit, and even self-plagiarism, where an individual reuses their own previous work without permission. Understanding plagiarism is crucial in evaluating sources and respecting intellectual property rights.
Public domain: Public domain refers to a status of creative works that are free for use by anyone, without the need for permission or payment. This can include works for which copyright has expired, works not eligible for copyright, or those explicitly placed in the public domain by their creators. Works in the public domain can be used for various purposes, including education, research, and creative expression, making them an important resource in communication and the arts.
The public interest: The public interest refers to the well-being of the general public and is a key consideration in communication, especially concerning issues of access, fairness, and the distribution of information. It plays a vital role in ensuring that media and communication practices serve society's needs, promoting transparency and accountability while protecting the rights of individuals and communities.
Trademark: A trademark is a recognizable sign, design, or expression that distinguishes products or services of one entity from those of others. Trademarks are crucial for protecting brand identity and ensuring consumers can identify the source of goods, which plays a significant role in commercial communication and intellectual property law.
U.S. Copyright Office: The U.S. Copyright Office is a federal agency under the Library of Congress responsible for administering copyright law in the United States. It plays a critical role in registering copyrights, providing information on copyright laws, and facilitating the protection of creative works across various mediums, including literature, music, and visual arts. By overseeing copyright registrations and maintaining records, the office helps creators secure their intellectual property rights and ensures that their original works are legally protected.
U.S. Patent and Trademark Office: The U.S. Patent and Trademark Office (USPTO) is a federal agency responsible for granting patents for inventions and registering trademarks. It plays a crucial role in protecting intellectual property rights in the United States, ensuring that creators and inventors have exclusive rights to their inventions and brand identifiers, which is vital in the realm of communication and creativity.