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One of the domains that has been deeply impacted by digital technologies is the domain of intellectual property. Intellectual property is defined as property (as an idea, invention, or process) that derives from the work of the mind or intellect. Song lyrics, a computer program, a new type of toaster, or even a sculpture, are all examples of intellectual property. Digital technologies have driven a rise in new intellectual property claims. However, it is very difficult to protect an idea. Instead, intellectual property laws are written to protect the tangible results of an idea. As an example, coming up with a song in your head is not protected, but if you write the song down it can be protected. Three of the most commonly known and used intellectual property protections are copyright, patent, and trademark. In the next section, we will review each type of intellectual property protection.
Protection of intellectual property is important, because it gives people an incentive to be creative. Innovators with great ideas will be more likely to pursue those ideas if they have a clear understanding of how they will benefit. Outside of the United States, intellectual property protections vary. You can find out more about a specific country’s intellectual property laws by visiting the World Intellectual Property Organization.
Copyright is the protection given to songs, computer programs, books, and other creative works; any work that has an “author” can be copyrighted. Under the terms of copyright, the author of a work controls what can be done with the work, including:
Copyright protection lasts for the life of the original author, plus 70 years. In the case of a copyrighted work owned by a publisher or another third party, the protection lasts for 95 years from the original creation date. For works created before 1978, the protections vary slightly. You can see the full details on copyright protections by reviewing the Copyright Basics document available at the U.S. Copyright Office’s website.
A trademark is a word, phrase, logo, shape, or sound that identifies a source of goods or services. For example, the Nike “Swoosh,” the Facebook “f”, and Apple’s apple (with a bite taken out of it) are all trademarked. The concept behind trademarks is to protect the consumer. Imagine going to the local shopping center to purchase a specific item from a specific store, and finding that there are several stores all with the same name! Being able to recognize a trademarked logo or slogan will help ensure that you are buying the product that you want, and not from another company using the same name.
Two types of trademarks exist — a common-law trademark and a registered trademark. As with copyright, an organization will automatically receive a trademark if a word, phrase, or logo is being used in the normal course of business. A common-law trademark is designated by placing “TM” next to the trademark. A registered trademark is one that has been examined, approved, and registered with the trademark office, such as the Patent and Trademark Office in the United States. A registered trademark has the circle-R (®) placed next to the trademark. While almost any word, phrase, logo, shape, or sound can be trademarked, there are a few limitations. A trademark will not hold up legally if it meets one or more of the following conditions:
Another important form of intellectual property protection is the patent. A patent creates protection for someone who invents a new product or process. The definition of invention is quite broad and covers many different fields. Here are some examples of items receiving patents:
In the United States, a copyright is obtained by the simple act of creating the original work. In other words, when an author writes down that song, makes that film, or designs that program, he or she automatically has the copyright. However, for a work that will be used commercially, it is advisable to register for a copyright with the U.S. Copyright Office if you are working in the United States. If you plan on deploying your work internationally, then an international copyright would be highly advised. A registered copyright is needed in order to bring legal action against someone who has used a work without permission.
Unlike copyright, a patent is not automatically granted when someone has an interesting idea and writes it down. In most countries, a patent application must be submitted to a government patent office. A patent will only be granted if the invention or process being submitted meets certain conditions:
Another important provision within copyright law is that of fair use. Fair use is a limitation on copyright law, that allows for the use of protected works without prior authorization in specific cases. For example, if a teacher wanted to discuss a current event in her class, she could pass out copies of a copyrighted news story to her students without first getting permission. Fair use is also what allows a student to quote a small portion of a copyrighted work in a research paper. Unfortunately, the specific guidelines for what is considered fair use and what constitutes copyright violation are not well-defined. Fair use is a well-known and respected concept and will only be challenged when copyright holders feel that the integrity or market value of their work is being threatened. The following four factors are considered when determining if something constitutes fair use:
While electronic media, such as computer software, is afforded the same copyright protection as non-electronic media, there are some situations in which software developers allow others to freely modify their software in spite of its copyright or licensing agreement. In fact, it has become commonplace among software developers to provide a way for others to modify software without fear of penalty. Open source is the term used to describe software that can be modified by anyone. Businesses and organizations that utilize open source software packages often times modify the software to suit the particular needs of their situation. Open source licenses are licenses that comply with the Open Source definition and are packaged with open source software, thus allowing for the software to be freely used, modified, and shared. To be approved by the Open Source Initiative (also known as the OSI), a license must go through the Open Source Initiative's license review process. The following OSI-approved licenses are popular, widely used, or have strong communities:
Source: Derived from Chapter 12 of “Information Systems for Business and Beyond” by David T. Bourgeois. Some sections removed for brevity. https://www.saylor.org/site/textbooks/Information%20Systems%20for%20Business%20and%20Beyond/Textbook.html
