Abstract
This essay briefly outlines the phenomenon of intellectual property and copyright while weighing in on some of the security risks that have been exacerbated by the internet in recent years. It explains what intellectual property is and its components with, explaining various scenarios of how others benefit from the works others through technology and the internet. With the help of laws put in place and corporate security policies are in order, infringing on the works of others is limited.
Key words: intellectual property, copyrights, industrial property, corporate security policy, IP rights, IP laws
Threats of Copyright and Ownership of Intellectual Property
Introduction
Within the fast-paced world of technology and information through the Internet and its World Wide Web, there is a component of theft and deception that threatens the financial gain of those who have been brilliant and fortunate enough to create, invent, and then share what they have accomplished with the world. The computer savvy of those who desire access to the intellectual property has imposed security threats of such works for quite some time, costing artists, musicians, authors, directors, and producers hundreds of millions of dollars, if not billions. While this phenomenon has been exacerbated by the internet, it has been an issue for several decades. This manuscript serves as a critical analysis of threats that place intellectual property, copyright ownership at risk while taking into consideration the protection laws that have been put in place, particularly as this issue relates to information technology and the internet.
Vulnerability Issues & Human Factors
In order to fully comprehend the severity of the circumstances that surround the security risks of intellectual property, it is first important to understand what intellectual property is and all of its relative components. First of all, in laymen’s terms, intellectual property (IP) can be described as the creative works of musicians and artists of all types; inventions of scientists and other intellectuals; and the authors of books/manuscripts, journals articles, and so much more. According to Karthik Raman, IP refers to the following: "Intellectual property shall include rights relating to literary, artistic and scientific works.” Raman goes on, in this writing, to address that artists who perform on recordings and broadcasts, inventors, scientists, engineers of technology, and the like, have the right to be protected against unfair competition, and all other rights relating to intellectual activity."
The phenomenon of intellectual property is the idea that protection of one’s original ideas encourage the creativity and thought-provoking ideas of others. It is an idea for others to become inspired to use their own talents and gifts as contributions to society. Art speaks to the individual that is inexpressible in words to the one who obtains it. A song has the ability to express the thoughts and feelings of the masses in just one tune. Scientific research and discovery has the capacity to save lives and enhance the quality of life of millions. Inventions have the power to change the fabric of a community, making the ebbs and flows of a society become much smoother and easier to cohabitate in.
Threats to intellectual property stem from both inside and outside forces. Such forces are derived from the ongoing piracy that continues to plague the movie industry and the music industry. Metropolitan, USA, from New York to Los Angeles, the latest movies are bought and sold in the form of a DVD before the movie has even left the box office. In many cases, the movie can be purchased in the parking lot of any Wal-Mart before twenty-four hours are completed upon the movie’s premiere. While some of these sub-par movies are of poor quality, many claim to have received a product to comes close to the high-quality DVD that the original movie will eventually release. When it comes to the reproduction of music or any audio CD, reproduction is much easier, buying it once, reproducing it on one’s computer, and reselling it for profit. Other works, such as academic journal articles, books, prints, and some other forms of intellectual property, owners should tread prudently when posting their works anywhere on the internet. As this discussion segues into recommendations for policy controls, the following quote addresses a historical account and an exemplary effort made for the protection of intellectual property: “The 1886 Berne Convention created a group of member nations for multilateral protection of literary and artistic works.” The purpose of the Berne Convention of 1886 was to protect its members by preventing copies of protected to be imported by non-members of the convention.
Recommended Policy Controls
Further explanation of understanding the nuances of IP is that it is sub-categorized in two forms: Industrial property and copyright. Raman explains that the first form of IP is Industrial Property, includes patents, trademarks and industrial designs. Copyrights includes works of art, literature, music and more recently computer programs. Keeping these definitions in mind, creators of art and inventions should be held accountable for handling the business matters that are required when promoting their works. This has been an issue in the past, both domestically and internationally, but in current times, it is paramount that such business is handled with care. Marketing teams that function within the realm of a corporation usually have a system in place that will ensure the protection of any logos, products, services, or the like to be protected, disarming any outside factions that may seek to copy the works of their company. This system is the adherence to a corporate security policy.
In history, threats to intellectual property have been great, world-wide. When it came to artistic works, thieves were offered a generous sum of money to acquire a great work of art. Plus, original works are of greatest value and many would take pride in obtaining such works, willing to pay a high price. Keeping the general consensus of the previous in the mind, it is important to denote that, the fundamental copyright law was largely unchanged for a period of almost seventy years until the major revision culminating in the Copyright Act of 1976. So, while there is much evidence for threats to intellectual property throughout history, again, some may argue that congress has done very little in these efforts.
In today’s society, technology, brings a greater threat to intellectual property than has ever been seen before. Since internet access has been available to the general population within the last twenty to thirty years, legislation has passed the “Digital Millennium Copyright Act (DMCA) for the purpose of [protecting] the rights of digital media. A related law, the Technology, Education, and Copyright Harmonization (TEACH) Act, addresses the issue of copyright in the digital classroom.” The passing of these laws allow for an individual or organization to benefit and receive credit for the work that they have done. This is especially important when works of IP have a great impact on society, creating a great stream of wealth or the potential, thereof.
Conclusion
This manuscript is a brief, analytical synopsis of the threats that place intellectual property, copyright ownership at risk. It is a discussion of IP, taking into consideration the protection laws that have been put in place, particularly as this issue relates to information technology and the internet. Intellectual property and copyright laws are there to encourage and inspire individuals to create their own vision of art, music, discovery, and invention. Society is doing all that it can to protect those who achieve the process of creation and sharing by systematically ensuring that creators will benefit and receive credit for their contributions to society.
Bibliography
Creer, Greg. n.d. "The International Threat to Intellectual Property Rights Through Emerging Markets." Wisconsing Interational Law Journal 213-243. Accessed May 2016. http://hosted.law.wisc.edu/wordpress/wilj/files/2012/02/creer.pdf.
Fisher, William Weston. n.d. Intellectual-property law. Accessed May 2016. http://www.britannica.com/topic/intellectual-property-law.
Halpern, Sheldon W. 2001. "The Digital Threat to the Normative Role of Copyright Law." Ohio State Law Journal 62: 18. Accessed May 2016. http://moritzlaw.osu.edu/students/groups/oslj/files/2012/03/62.2.halpern.pdf.
Raman, Karthik. 2004. "Protecting intellectual property rights through information policy." Magazine Ubiquity (archive) (ACM ) 2004 (June): 1. Accessed May 2016. doi:10.1145/1008536.1008537.
