Intellectual Property & Internet Laws
Copyright laws seek to protect the rights of people who create new inventions or develop new processes, encouraging innovation and providing a sense of fairness. But intellectual property, which refers to intangible creations, are more difficult to protect, especially with the Internet as a growing medium for distributing and sharing intellectual property.
Other People Are Reading
-
Intellectual Property Online
-
Because of its physical limitations, much of the content on the Internet is intellectual property. Only the computers and servers that users need to access the Internet or create content for it are personal property. Intellectual property online includes original works of art, photographs, logos and trademarks, music, video content, interactive programs, pieces of software, and works of journalism. Some information, including trade secrets and business methods, are also intellectual property, regardless of where they appear online or in what form.
Guidelines
-
Copyright laws and intellectual property laws protect intellectual property online just as they protect it in other forms. United States copyright laws exist on both the federal and state levels. They make it illegal for anyone other than the creator of an original work to sell, alter, reproduce or exhibit intellectual property. International treaties prevent citizens of other countries from accessing intellectual property abroad over the Internet and violating copyright laws without penalty. Enforcement generally depends on the author of a work of intellectual property discovering its unauthorized use and taking legal action.
-
Problems
-
The Internet represents a special source of problems for intellectual property and the laws that protect it. Much of this has to do with the fact that Internet users can download, copy and alter intellectual property so quickly and on such a large scale. For example, file-sharing services make it possible for Internet users to quickly trade files, including songs, television episodes, video games and even feature films, all of which are protected by intellectual property law. This behavior is widespread and difficult to track. In addition, the fact that the Internet only rose to prominence in the 1990s means there is a much shorter history of legislation to invoke in pursuing an intellectual property violation claim that occurs online.
Legislation
-
The growing volume on intellectual property online, as well as the efforts of legislators and copyright holders, is resulting in new legislation that seeks to define how intellectual property is controlled online and what penalties apply for those who misuse it. For example, in 2005 California introduced an Internet piracy law that makes it illegal to distribute a copyrighted work online to more than 10 people without providing adequate contact information, making it easier for copyright holders to find out who is using their intellectual property without consent. California's law also gives copyright holders the specific rights to distribute their work online and to sell licenses to others who wish to do so legally. While similar to existing intellectual property laws, such new laws make it easier to enforce intellectual property law as it pertains to the Internet.
-
