Unit 7: Intellectual Property and Authorship Recognition
Key Topics
- Definition of intellectual property
- Different types of intellectual property
- Different types of laws which protect various types intellectual property
Learning Objectives
- To understand the meaning of intellectual property
- To understand the difference between authorship and ownership
- To be able to understand the different types of intellectual property
Copyright Issues
- Information sources are, even if they are open access, subject to intellectual property. Users have to acknowledge authorship and follow bibliographic standards that vary according to each discipline and even at institutions. Lack of respect for intellectual property is often deemed piracy. When writing one can use software that helps to keep academic integrity. There are often paid-subscription programs. Some are available free of charge.
- Issues surrounding intellectual property are often very complicated and among the most debated issues today. The situation is further more complicated by the widespread use of digital media. The situations and laws which organize intellectual property vary between countries. In many traditions, although contractual agreements may affect the situation, the intellectual property of a piece of work belongs to its author. This means that works are automatically protected and therefore formal registration is not necessary in order to recognize and respect the authorship of these works. Generally speaking, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property.
- It is also important to distinguish between two terms commonly used in this respect; ownership and authorship. An author writes a manuscript and sells (i.e., 鈥渁ssigns鈥) the ownership rights to a publishing company. The author has thereby given up at least some property rights to that manuscript.
- Below are listed four often identified types of intellectual property rights and protections. Securing the correct protection for intellectual property is important, which is why consulting a legal expert can be useful. There is much debate about whether the public interest should override corporate copyright, including the length of the period of protection.
The four common categories of intellectual property protection include:
Trade Secrets
Trade secrets refer to specific, private information that is important to a business because it gives the business a competitive advantage in its marketplace. If a trade secret is acquired by another company, it could harm the original holder. Examples of trade secrets include recipes for certain foods and beverages , new inventions, software, processes and even different marketing strategies. When a person or business holds a trade secret protection, others do not have the right to copy or steal the idea. In order to establish information as a trade secret, and incur the legal protections associated with trade secrets, businesses must actively behave in a manner that demonstrates their desire to protect the information.
Trade secrets are protected without official registration; however, an owner of a trade secret whose rights are breached 鈥 i.e. someone steals their trade secret 鈥 may ask a court to act against that individual or business and prevent them from using the trade secret.
Patents
As defined by the U.S. Patent and Trademark Offce (USPTO), a patent is a type of limited-duration protection that can be used to protect inventions (or discoveries) that are new, non-obvious, and useful, such a new process, machine, article of manufacture, or other composition of matter. When a property owner holds a patent, others are prevented under law from offering for sale, making, or using the product without authorization.
Copyrights
Copyrights and patents are not the same things, although they are often confused. A copyright is a type of intellectual property protection that protects original works of authorship, which might include literary works, music, art, and more. Today, copyrights also protect computer software and architecture. Copyright protections are automatic; once you create something, it is yours until/unless you waive or transfer the right or certain aspects of it. While copyright is often enforceable by law, an infuential voluntary set of norms for the condition of use and reuse of content has emerged, known as Creative Commons. However, if rights under copyright protections are infringed and there is a wish of the copyright holder to file a lawsuit, then registration of the copyright will be necessary.
Trademarks
The fourth type of intellectual property protection is a trademark protection. Remember, patents are used to protect inventions and discoveries and copyrights are used to protect expressions of ideas and creations, like art and writing. Trademarks, then, refer to phrases, words, or symbols that distinguish the source of a product or services of one party from another. For example, the Nike symbol鈥搘hich nearly all could easily recognize and identify鈥搃s a type of trademark. While patents and copyrights can expire, trademark rights come from the use of the trademark, and therefore can be held indefinitely. Like a copyright, registration of a trademark is not required, but registering can offer additional advantages.
- This unit activities mainly rely on the interactivity between educators and learners. Guide learners to research, present and discuss examples according to the following issues:
- The meaning of intellectual property
- The differences between authorship and ownership
- The different types of intellectual property
- Examples of different types of intellectual property
- Example of breaches of intellectual property rights
- Fair use of intellectual property
- World Intellectual Property Organization and other relevant entities/organizations
Assessment & Recommendations
- Written examinations
- Essays, refection and reaction papers to lectures, case studies, audiovisual presentations/viewings
- Participation in group learning activities
- Production of information-education-communication materials (e.g. posters, brochures, infographics, social media cards, vlogs)
- Research paper
- Investigative story/report
Topics for Further Consideration
- International standards for intellectual property rights laws
- Technology transfer
- Moral rights
- Understanding the balance of traditional intellectual property rights and open access initiatives
Resources for this module
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- . This website features a wealth of resources relating to the stages of information literacy
- Wimmer, R.D., Dominick, J.R. (2014). Mass Media Research: An Introduction. Boston, Mass: Wadsworth, Cengage Learning.