Innovators and creators may find the need to protect their work and through copyright which is legally awarded this can be achieved. Those innovators who own copyright can integrate all the transactions which may include production, reproduction and sales. The creators of new concepts are legally allowed to give their copyright to other people in exchange for payment. Infringements arise where there is abuse of copyright. It is important to understand the difference between copyright and other protection policies available for innovators. An example of such protections offered to creators is patents and trademarks. Bouchoux (1999) stated that the key role of copyright is to protect ideas that are presented by original creators. Devices and products that have been created are protected by trademarks. In case of implementation of the ideas presented by creators, the patent provides cover. The intellectual property is a combination of the three protection policies.
Application steps for intellectual property
The method used to apply for intellectual property comprises of a series of four steps. First, the creator has to decide on the type of protection that he/she would need. He/ she can choose one of the three elements of intellectual property (copyright, trademark or patent). The innovator then finds information about related ideas that were previously presented by other people. This move helps in preventing protection of work that originally belongs to somebody else. The innovator is also able to evaluate whether his work meets the standards that are set. Fishman (1999) after compliance with the protection’s standards, the innovator goes ahead to register. An individual then waits to receive a feedback after registering. By first considering all the protections that are in intellectual property, one is able to prioritize on the best option possible. Research done on the chosen element equips the innovator with knowledge required before registration for instance ways to avoid plagiarism.
The registration of Copyright traces its origin back in the 1880’s when formality of protection was different depending on countries. This principle was courtesy of Berne convention. A step to improve the copyright protection was taken during Berlin revision which happened in 1908. This revision ruled out any formality applied in copyright. Countries that were members of the Berne Union designed a system to register copyright and to keep records of works presented by creators. The record system considered the works of creativity presented according to the economic capacity and also legality. Elias (1999) a certificate to show that an innovator has registered is issued by the recording department. This certificate is important since it shows ownership of a concept by a creator. By registering, the innovator is also protected from any kind of pirating that may emerge from members of the general public. Statistics of cultural heritage and other creative works can be accessed by members of general public since these records are contained in the registries.
Shortfalls in intellectual property registration
Today, the copyright registration has proved to be an obscene technology since accurate data cannot be obtained with the high rate of evolving technology. The development taking place in the digital world has made it difficult to identify the people who have copyright since the data processed by modern devices only operate with recast which takes different dimensions. Chisum (1995) eludes that the identification of works of creativity is also difficult. There are recommendations given to improve the copyright registration system and they are more focused on replacing old methods used to monitor registration with modern methods to match the developing digital world. The content in the copyright of specific individuals can be identified using a networking system called the Rights Management Information. This network enables people who are interested in buying copyrights to find relevant information and interact with copyright sellers.
In the registration of copyright, formalities are used to obtain copyright that is legal and functional. Besen (1991) as stated earlier there are different formalities for different countries and also professions. There are advantages that an individual who has copy right enjoys aver those people who do not have. One of such benefits is the claim of copyright that is created upon registration. Where there are cases of infringement, the registration done before this occurrence serves as a cover of a copyright owner in the court. In the registration of copyright there are three main conditions that an individual must meet. Chisum (2001) the first one is a form of application that must be completely filled. There is a fee paid and it is not refundable. A deposit that cannot also be refunded is paid.
Paper and Online application
Online application of copyright is confirmed by a message in form of an email which informs that applicant that his/her application has gone through. On the other hand there is no message of acknowledgement in case paper application is used. For both types of registration, there must be a call or email sent by the office in charge of handling copyright applications to give any extra directions. In case the application of copyright has not succeeded, the office sends letter to confirm that certificate cannot be issued. The two ways types of copyright application do not have significant difference. However, online application is better to use in an application compared to paper application. Herbko (2002) there are several advantages of online applications over paper application. The application done online requires fewer fees to file compared to paper application. This kind of application is also processed in a high speed therefore it takes less time to get feedback. Payments made in the application process can be made using facilities like credit cards and electronic check. There are various claims related to owners of copyright. The first claim concerns work that is single in nature. A second claim caters for work that is not published and that is multiple. There is also a claim on work that is multiple and also published. The copyright owners may be required to renew their registration after a certain period of time.
This renewal of registration is accompanied by a form that is filled with respect to the RE and also a fee which is paid for filing. It is important to note that this fee is not refundable. The date of registration is given by the office of copyright after they have issued a certificate of registration. Cosgrove (2005) this is after they have certified all the elements of registration. In an instance where the eCo is used in filing of a registration of copyright, a copy that is electronic is included when depositing but if not available; an alternative of hard copy can serve the intended purpose. For editions that emerge to be the best, the deposit must include a document called shipping slip and this attachment is then forwarded to office of copyright upon which a fee is also paid.
Protection of intellectual properties
Companies are required to put in place appropriate preventive measure in order to enhance the protection of intellectual properties. First of all company is required to have adequate knowledge of what it is going to protect. This is achieved through this process, asses the security policies, point out the reason or need to protect the company, detect the infringement that has arise, and take action. In cases where the security of the company is bleached, company hires a professional advocate, who solve the issue in a very appropriate way. According to Thomas (2009) Establishment of data loss prevention systems (DLP) ensures that the employs who are quitting the job does not carry with them the intellectual property. Any form of infringement done on copyright is entitled to a corresponding punishment. This punishment is law-based. There is a set of laws in protection of Intellectual Property. However, even in the presence of these laws, some individuals still manage to pirate into the copyright and also brands that have already been developed. These activities that are considered as being unethical are more common in patent and copyright, with few cases in trademarks. However infringement in trademarks still exists. Nimmer (2001) denotes that the reasons why infringements have not been properly regulated is because of laws that are very permissive and also the internet which has continued to expose too much information even private matters. This can be evidenced by the argument where Xintong Tiadi who is a seller of goods made of leather adopted the name ‘IPHONE’ as a trade mark which originally belongs to Apple Company. The court ruling was in favor of Xintong and this is a gesture to promote infringements probably due to permissive laws in the country. The rules of copyright that should be followed by all people who are willing to own copyright are not much familiar to people who access copyright via internet. This increases the cases of infringement of these copyrights. The degree of infringement also varies, in that there some infringements that are considered too be minor than others. Take for instance copying a material like a book written by someone else. Under the property rights principle, this action is not worth appeal since by copying the book, another copy property is made. Fishman (1999) copying is compared to theft basing the argument on the labour act. Theft involves offending someone and even his privacy. On the contrary, copying does not affect the creator’s privacy. There are advancements such as studies related to film that are developed which handle copyright in video tapes. The intensity of protection offered by the court depends on then commercial level of the product. There are many confusions arising during the issuing of copyright in some commercial products. The growing technology has made it difficult for organization and people to be able to control their original innovation through intellectual laws. Ethical issues also applied for those organizations that search trademarks for their clients.
The ethical issues put into consideration are; people who have the willingness to listen to the opinion presented and any disagreement among the clients being served by the organization. According toThomas(2001), an ethical issue concerning an agreement for mutual benefit involves the customer willing to share another person’s or organization’s idea with other companies or individuals. When a client agrees that an infringement was done in a conscious minded state, he risks suffering huge losses. The opinion that you provide may help to save the client from such penalties and in escaping being marked by the plaintiff. Following various rulings by the court, some commercial activities in businesses may be less competitive and this is the reason for engagement into practices that are not ethical. This is also contributed by lack of reliable information on the factors that bring about competition that is not fair. The law guiding trademarks is not fair in that it plays a key role in encouraging organization to steal customers from other unsuspecting producers. This is a crime since corrupt methods are used by these organizations to win customers.
The problems facing intellectual property in the modern world are becoming more as days go by. The rapid development of digital technology has played a key role in disclosing much content some of which is meant to be private. This exposure to content from the internet has increased the rate of infringement of copyright. Most organizations and internet users do not realize it when they are making copyright violations for instance a simple task like copying of certain software into several computes is worth being treated as a violation of copyright. There are efforts being made by companies to fight cases of infringement by pirates and this has been done by increasing the intellectual capacity of protected property and also suing suspected criminals of infringement.
In an effort to curb this crime, companies are also working together by collaborating in initiatives to fight piracy. An example of such collaboration is the counter project. The fact the protection of copyright is solely entitled to organization contributes to slow rate of transformation of intellectual property protection. This is because by protection being done by organizations, individuals cannot give a contribution of creative ideas towards improving the quality of protection. There is therefore need for companies to understand the laws related to intellectual property so that they can easily identify any infringement affecting them and also to avoid doing infringement on their side. The understanding of laws guiding the intellectual will ensure that copyright owners and organizations do not land on the hand of law by violating these rights. The fight against infringement is a great battle that needs serious approaches since this violation is widespread even in classes where student copy and paste work that belongs to their friends or other authors. This practice is offensive and also detrimental since the students who adopt other people’s work and put it under their name cannot develop authoring skills. By lacking such skills to publish own work, they end up becoming less creative or even not creative at all.
List of References
Bouchoux D. E. 1999, ‘Intellectual Property: The Law of Trademarks, Copyrights, Patents, and
Trade Secrets. Delmar. [Overview of intellectual property law].
Chisum D. S. & Jacobs M. A 1995, ‘Understanding Intellectual Property Law. Matthew
Bender. [General treatise outlining framework of U.S. intellectual property law].
Besen, Stanley M. & Raskind, Leo J 1991, ‘An Introduction to the Law and Economics of Intellectual Property”, The Journal of Economic Perspectives, Vol. 5, (1), , 2-27
Chisum D. S 2001, ‘Chisum on Patents, Matthew Bender [Exhaustive U.S. patent law treatise].
Cosgrove U, Michael, Marsh, Y, Daniel,M & Chester, J.F 2005, ‘Case Study: Potential Trademark Infringements”, Journal of Business & Economics Research, Vol. 3, (12, 7-13. .
Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1163 (Fed. Cir. 2002)
Elias S 1999, ‘Patent, Copyright & Trademark, 3rd edn. Nolo Press. [Overview of intellectual property law].
Elias S. & McGrath K 1999, Trademark Disputes: Who Wins, Who Loses & Why. Nolo Press [Overview of trademark law].
Fishman S. 1999, ‘Copyright Law: What It Protects. Nolo Press. [Overview of copyright law].
J. Thomas McCarthy 2001, ‘McCarthy on Trademarks and Unfair Competition, West Group [Exhaustive treatise on US trademark and unfair competition law].
Thomas M 2001, ‘Desk Encyclopedia of Intellectual Property’ BNA Books. [Reference book on Intellectual Property].
Nimmer M. & Nimmer D 2001, ‘Nimmer on Copyrights’ Matthew Bender [Exhaustive treatise on U.S. copyright laws]
Patent & Trademark Office website, accessible at https://www.uspto.gov/ [Gives overview of Patent Law and Trademark Law and explains operation of administrative functions of Office]
Rosenbaum D. G 1997, ‘Patents, Trademarks and Copyrights’: Practical Strategies for Protecting Your Ideas (Layman=s Law Guides). Chelsea House. [Overview of intellectual property law protections for non-lawyers]
US Copyright Office website, accessible at https://lcweb.loc.gov/copyright/ [Gives overview of copyright law,.