"Innovations" of copyright and intellectual properties


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"Innovations" of copyright and intellectual properties

  1. 1. Running head: INNOVATIONS OF COPYRIGHT AND IPs 1 Innovations of Copyright and Intellectual Properties Phoebe Spence Wilson INF/103 August 12, 2013 Edwyne Duffie
  2. 2. INNOVATIONS OF COPYRIGHT AND IPs 2 Innovations of Copyright and Intellectual Properties Even though it is our own beloved Constitution that clearly states “The Congress shall have Power . . . To promote the Progress ofScience and useful Arts, by securing for limited Times to Authors and Inventors theexclusive Right to their respective Writingsand Discoveries . . . ,” our nation has continued to be divided almost equally for many years (Gilbert, 2011, para.1). It was because of this constitutional authority that in 1790, Congress passed the first United States Patent and Copyright Acts. With all due respect, it has been 223 years since this was written. I am not so sure that our forefathers, as ahead of their time as they only may have been, could have foreseen where our technology has taken us or the great lengths that we could be headed to (Gilbert, 2011). Perhaps where we should focus our innovations next is on our country itself. There are basically three types of economic protection for invention and creative expression, which are copyright, patents, and trademarks. Copyrightable works can be anything from literature, music, and motion pictures to choreographed dance numbers, playwrights, and architecture (Copyright Basics, 2012). Patents are issued for inventive works and trademarks are used for different branding, which could be four different kinds of marks. The two primary types of marks that can be registered with the USPTO are: Trademarks - used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce. Service marks - used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise (Trademarks, 2012, para.3)
  3. 3. INNOVATIONS OF COPYRIGHT AND IPs 3 Application Steps There are three simple steps for copyrights. Of course, you must make sure the name of your product has not already been taken, register your product online by giving your information to the U.S. copyright office, and pay a 35 dollar registration fee to have your copyright approved within a reasonable amount of time, at approximately just the couple months needed for processing (Copyright Basics, 2012). Patents seem to be a little more difficult than getting your work copyrighted. They can actually deny your application more often than accept it and it is very much recommended that an attorney files it for you, whereas with a copyright a lawyer is unnecessary (Patent Process, 2012). Trademark registration is almost the same as the patent application, except it takes much longer. The same United States Patent and Trademark Office receives your application and after 3 to 4 months will contact you for review or corrections and then another 6 months until a decision is made (Trademarks, 2012). Application Statistics The United States Copyright Office within the Library of Congress in Washington D.C., receives approximately 600,000 copyright applications a year. There wouldn‟t be any pending applications for copyright simply because a copyright is an automatic right. If you apply for a copyright, you are automatically approved, as long as the work is in fact original (Copyright Basics, 2012). In 2012, there were 576,763 patent applications submitted to the U.S. Patent and Trademark Office (Patent Process, 2012). The 1.2 million plus of patent pending applications shown here include patents that are still pending from previous years.To file for a trademark is the most expensive at anywhere from $275 to $375 per item. If the trademark is intended to be used in commerce there are additional fees on a per case basis. A portion of all of these fees are
  4. 4. INNOVATIONS OF COPYRIGHT AND IPs 4 non-refundable for processing. Some total registration fees are non-refundable even if your patent or trademark does not get approved (Trademarks, 2012). Restrictive Technologies Copyright infringement. These restrictive technologies although seemingly new, have been developing since the 1950s. We have been at this for years. In the 1950s and 1960s, publishers battled the Xerox 914 photocopier and many other manufacturers creating the copyright infringement „crime‟, the music industry in the 1970s fought the use of blank cassette tapes claiming „hometaping is killing the music industry‟ (Griffin, 2012). According to Griffin, only ten percent of sound recordings that were prior to World War II have been released from private hands for public access, the percentage drops to nearly zero for anything released before 1920, and from 1890 to 1964, only 14 percent of recordings have been released for public access (2012).Even libraries and sound preservation boards are even having a near impossible time attempting to move around these copyright laws just for the sake of preserving our cultural history.“…cultural history is adversely affected by the terms of protection provided sound recordings under current copyright law” (Griffin, 2012, para.18). Websites, online cloud storage, desktop cloud storage programs, digital forums, peer-to-peer software, and many physical internet distributors . . . help content creators by allowing them to make, promote, and distribute their works to audiences more easily, and offering them several new options to reaching the marketplace without selling their copyrights to the traditional dominant distributors like publishers, record labels, or movie studios. An artist may still opt to partner with an incumbent intermediary, but these new services give the artist a choice and offer most efficient ways for content owners of all kind to distribute works (Griffin, 2012, para.18).
  5. 5. INNOVATIONS OF COPYRIGHT AND IPs 5 There isalso the Creative Commons Organization, where individuals with all, some, or no copyrights reserved may showcase their creative works or simply provide it for the public for free just to be able to get their name out (Bowles, 2010). Piracy Laws. Now more recently, Peer-to-Peer, otherwise known as P2P, file sharing technology has been labeled as illegal and we now have piracy laws to adhere to, preventing unauthorized and illegal downloading. The P2P networking should be nothing more than a new technology that could be paving the way for our future in technological innovations (Griffin, 2012). There are many positive, functional, and even educational ways to use P2P sharing. For example, a university staff or student body could utilize for the distribution of electronic textbooks. This technology will not be recognized if Digital Rights Management, also known as DRM, stifles our potential. Digital rights management. DRM is exactly what it says by its name, management of our rights to digital media. This can be media that simply has just been created and released or media that we have already purchased. Some companies do not even let you read some of their books you purchase through their store on any other devices. Kindle for example, you can only use on other Amazon devices. Thanks only to the invention of cloud storage are we now even able to use multiple devices. When kindle first came out a second purchase of the eBook was necessary. DRM gives media and technology companies the ultimate control over every aspect of what people can do with their media: where they can use it, on what devices, using what apps, for how long, and any other conditions the retailer wants to set. Digital media has many advantages over traditional analog media, but DRM attempts to make every
  6. 6. INNOVATIONS OF COPYRIGHT AND IPs 6 possible use of digital goods something that must be granted permission for (Defective by Design, para.5) Mobile technology integrations.It might be understandable to have these restrictive technologies in place if they were created with other technologies and devices in mind, but publishers of textbooks are so quick to place restriction that the software companies and mobile technology cannot keep up. For example, there are students at University of Phoenix that cannot download the eBooks that they paid for to their tablets because the latest Adobe Reader program does not have the correct software for tablets built yet that supports DRM integration. They must read on their laptops or print the whole book out. Granted a student has in fact found a way to print to a file as a different format after signing into their DRM school profile and transfer to their tablet that way, but that just shows that even with whatever restriction is set upon us, people will always find a way if it is not convenient or they simply do not agree with the regulated use. In conclusion, onlybig industry and global business are benefiting from the intellectual property restrictions. Our first thought is probably that this might be helping our economy, but considering most mid- to lower-level management and below is mostly outsourced to different countries in many top companies, it is definitely not creating U.S. jobs. Also, if these companies are feeding the economy, why are we still in so much debt? What this quote is saying from the World Intellectual Property Organization is the GLOBAL economy is being helped, not the United States economy and it would be nice if we could worry about ourselves for a change.WIPO Director General Francis Gurrysaid “A press conference in Geneva provided us very little reassurance of individual or small business gain and focused mainly on international big business. As in previous years, demand for WIPO‟s international IP filing systems increased despite a weak economic climate…As we begin to see signs of a recovery, those companies that
  7. 7. INNOVATIONS OF COPYRIGHT AND IPs 7 built strong portfolios of intangible assets during the downturn will benefit the most from new market opportunities” (2013, para.1). Then there is an astonishing quote that has delightfully come from the United States Copyright office themselves: “We [also] live in an age of great technological innovation. This not only affects the ways in which authors may disseminate creative works and consumers may enjoy them—it affects the very means by which works are created and knowledge is accessed. And it calls for a robust legal framework for the 21st century—a framework by which authors are respected, investments (both intellectual and financial) are encouraged, enforcement measures are responsive, and limitations and exceptions are meaningful” (2012, para.3).Perhaps the reinvention of our thoughts and ideas has somehow provoked some to realize we are not living in the time the constitution was written anymore. Times they have changed.
  8. 8. INNOVATIONS OF COPYRIGHT AND IPs 8 References Bowles, M.D. (2010). Introduction to Computer Literacy. San Diego, CA: Bridgepoint Education, Inc. Defective by Design. (2012).What is DRM? Retrieved from http://www.defectivebydesign.org/what_is_drm_digital_restrictions_management Gilbert, R. (2011, June). A World without Intellectual Property? A Review of Michele Boldrin and David Levine's Against Intellectual Monopoly. Journal of Economic Literature, 49(2), 421-432. Retrieved from EBSCOhost EconLit Database. Griffin, Jodie. (2012, October). The Economic Impact of Copyright: A presentation to TPP negotiators. Public Knowledge. Retrieved from http://publicknowledge.org/economic- impact-copyright-presentation-tpp-negotia McDermott, A. J. (2012, March). Copyright: Regulation Out of Line with Our Digital Reality? Information Technology & Libraries, 31(1), 7-20. Retrieved from EBSCOhost Academic Search Premier Database. Trademarks. (2012, May). The United States Patent and Trademark Office. Retrieved from http://www.uspto.gov/inventors/trademarks.jsp U.S. Copyright Office. (2012). Copyright Office Celebrates World Intellectual Property Day 2012. Retrieved from http://www.copyright.gov/docs/wipo2012.html Walker, M. (2009). Economists say copyright and patent laws are killing innovation; hurting economy. Newsroom. Retrieved from http://news.wustl.edu/news/Pages/13656.aspx WIPO Press Conference in Geneva. (2013, March). Strong Growth in Demand for Intellectual Property Rights in 2012. World Intellectual Property Organization. Retrieved from
  9. 9. INNOVATIONS OF COPYRIGHT AND IPs 9 http://www.wipo.int/pressroom/en/articles/2013/article_0006.html Image 1: http://upload.wikimedia.org/wikipedia/commons/thumb/8/81/US-CopyrightOffice -Seal.svg/480px-US-CopyrightOffice-Seal.svg.png Image 2: http://upload.wikimedia.org/wikipedia/commons/thumb/4/44/US -PatentTrademarkOffice-Seal.svg/480px-US-PatentTrademarkOffice-Seal.svg.png Image 3: http://pravum.kg/wp-content/uploads/2011/06/wipo.png