Intellectual property and copyright issues in the digital age
Intellectual Property Today
“Insist on yourself; never imitate.”-Ralph Waldo Emerson
In 2002, the RIAA Recording Industry Association of America) reported that CD sales have fallen by 8.9%, from 882 million units- the revenues fell about 6.7%. RIAA blames internet piracy issues. What does this means? What is piracy exactly and what does it entail and how does it affect us all? Piracy issues are related to intellectual property, which will be discussed next. (Lessig, 2004).
Intellectual properties are those things which are “intangible”, or can’t be touched physically. Yet, at times these things can be touched; they have been birthed by the creator’s mind. These things include music, stories, artwork, and even a person’s voice-which would actually be called a trademark. The humble beginnings of intellectual property actually go back to when the “concept first emerged in medieval times, perhaps the 12th or 13th centuries. This was during the time where attitudes about different ideas, and crafts were just being explored. Patents were before copyrights and so that may prove some distinction between the two, yet there are more kinds of intellectual property. (Long, 1991)
There are four different types of intellectual property and they are each protected by certain laws. The first one is a patent. If someone had an idea; the idea could not be protected, it is a metaphysical aspect, but if that idea was turned into a product, there had to be some laws. For instance, if you were to invent the first time machine, you would need a patent to protect it because it is your property. In the current digital age, computer software can even be patented. It is an invented or programmed product that needs protection from others stealing it. In a true landmark case however, it has been established by the U.S Court of Appeals that “only three areas of subject matter will be unpatentable: the laws of nature, natural phenomena, and abstract ideas. (Jentz, 2008).
The next type of intellectual property is a copyright. A copyright is commonly used for literary or dramatic works, even pictorial, and sculptural works. (Intellectual Property Law). The owner of a copyright has the exclusive right to reproduce and distribute copies of their work. This includes performances like drama and music. A copyright is also considered “intellectual” because it is creative and can be sold and licensed. For instance, a person who writes articles online, or short stories, may want to have their
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