[12]Copyright and Intelectual Property

[12]Copyright and Intelectual Property - Module 12:...

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Module 12: Copyright & Intellectual Property In this module we will examine the interrelated concepts of intellectual property (IP) and copyright. ____________________________________________________________________________ ________ What is intellectual property? Simply put, intellectual property is any creative product of the human mind, from music to architecture to mechanical inventions. Anything created or developed from the creative process is technically the intellectual property of its creator(s). In a narrower sense, however, IP refers to those products of human creativity that can be subjected to copyright law and therefore legally controlled in some fashion. ____________________________________________________________________________ ________ What is copyright? The purpose of copyright law is twofold. Most people believe copyright law exists only to permit copyright holders (sometimes, but not always the creators of intellectual property) to control use of their work and to profit from it. The original, and often neglected, purpose of the United States copyright law first appeared in Article 1, Section 8 of the United States Constitution. Our founding fathers developed the "Progress Clause" in 1790 "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" ( United States Constitution ). By allowing creators to profit from their work, copyright promotes the development of new and original works and permits creators to earn a living from their efforts. Copyrights allow copyright holders to control how materials are reproduced, distributed or performed, and to collect fees for such actions. So, to reiterate, the purpose of copyright is twofold and cyclical: to protect and to create. A person creates a work. That work is protected, thereby allowing the creator to have some control over how it is used and to make some profit for a limited time. Protecting the work also encourages that person to create more works. As a result, the public benefits from the artistic or intellectual value demonstrated by the work, and quite possibly the work will inspire other people to create new artisitc and/or intellectual works. ____________________________________________________________________________ ________ What can be copyrighted?
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Almost all forms of intellectual property can be subject to copyright or to patent law. Copyrightable works include musical compositions, books, journal articles, artistic works (pictorial or sculptural), movies and videos, plays, architectural designs, choreography and other performances, and sound recordings. Any sort of aesthetic design is copyrightable, as are original critiques, essays, or other written work describing existing materials. The author or creator holds most copyrights, but they are free to sell their copyright to others if they so choose. Many musicians sell the rights to their songs to music publishing companies (record
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[12]Copyright and Intelectual Property - Module 12:...

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