Lesson 2 : Law and the Internet -uCertify https://www.ucertify.com/?

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Intellectual Property Issues

OBJECTIVE 3.2.2: Intellectual property

Instructor Note: For more information on intellectual property issues, visit the Computer Crime and Intellectual
Property Section (CCIPS) of the U.S. Department of Justice at www.cybercrime.gov/ip.html.

The preceding examples demonstrate that intellectual property has become a controversial topic in the age of EP. As
more material is published through electronic media, issues such as copyright, trademark and patent infringement often
arise. The speed of these technical advancements has exceeded the legal system's capacity to stay current. The U.S.
legal system obviously was not developed with the digital age in mind. Increasingly, the juxtaposition of digital
technology with these older laws has made interpretation necessary.

Rapid computer transmission, electronic reproduction, and text and image manipulation are destined to change how the
ownership of information is treated under the law. Technology threatens something with a long history of legal protection
and which computers made much easier to challenge: the ownership of an idea or of information.

Two branches of intellectual property

The two types of intellectual property are industrial property and copyrighted material. Industrial property covers
inventions, trademarks and industrial designs.

Industrial property
Protection is granted for industrial property in the form of exclusive rights of exploitation.
Industrial designs — To be covered for industrial property protection, industrial designs must be original or novel

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and must be registered by a recognized governmental office, often the same office that registers patents.
Essentially, such protection prevents any third party from using the design without consent of the rightful owner.
Inventions — An invention is a novel idea that permits in practice the solution of a specific problem in the field of
technology. Again, the protection is to prevent unauthorized persons from using, producing or profiting from the
invention without consent.
Trademarks and service marks — A mark is a sign, or a combination of signs, capable of distinguishing the
goods or services of one undertaking from those of other undertakings. It may consist of distinctive words, letters,
numbers, drawings or pictures, and can also include containers or packages.
International protection — Laws of a particular country are generally only of concern to or enforceable by that
country. However, many countries are signatories (signed in agreement) to various international treaties designed
to provide reciprocal protection.

Copyrighted material

Instructor Note: According to a November 28, 2001, press release from the U.S. Department of Justice, a man
was indicted for auctioning pirated software on eBay (an online auction site). The man was indicted by a federal
grand jury on one count of criminal copyright infringement. Apparently, the man registered under different
aliases with eBay and offered to sell copies of computer software programs developed by Adobe Systems Inc.
(To view the entire press release, visit www.cybercrime.gov/niemi_indict.htm.)

Copyright covers literary, musical, artistic, photographic, audiovisual and software works. Copyright protection generally
means that certain uses of the work are lawful only with the authorization of the copyright owner. The subject matter of
copyright is usually described as "literary and artistic works" — that is, original creations in literature and the arts. The
form in which such works are expressed may be words, symbols, music, pictures, three-dimensional objects or
combinations thereof (as in the case of an opera or a motion picture). Copyright laws protect the following items:
Literary works — novels, short stories, poems, computer programs, other written works
Musical works — songs, choruses, operas, musicals
Artistic works — drawings, paintings, etchings
Photographic works — portraits, landscapes, photos of news events

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Audiovisual works — television broadcasting, film dramas, documentaries

Software — computer programs

Copyright protection is limited in time. Many countries have adopted, as a general rule, a term of protection that starts at
the time of the work's creation and ends 50 years later. The United States has modified time limits over the years but
laws are based on dates of creation and copyright registration, and generally set terms for the life of the author plus a
specified number of years. For specific information about U.S. copyrights, visit www.copyright.gov/faq.html or
www.loc.gov/copyright. Examples of indictments for copyright violation can be found at www.cybercrime.gov/.

The laws of a country relating to copyright are generally concerned only with acts accomplished or committed in that
country. However, many countries have agreed to treaties designed to provide reciprocal protection in the international
arena.

Because computers quicken the pace of copying, transmitting and disseminating information, and because asserting
ownership of something so easily transferable is difficult, computers challenge the entire idea of ownership of intellectual
property. The following list enumerates some significant intellectual property issues.
Copyright, trademark and patent law
— What constitutes transmission of an electronic document?
— How should patents be granted for algorithms and techniques?
— Which aspects of a user interface or program controls can be patented?
— How should domain names be allocated?
Lawsuits, including future litigation
New laws

Some people have characterized intellectual property law as an obsolete device suited only to protecting tangible
goods. To varying degrees, information is intangible, so how can it be protected? Recent legislation has sought to
modify existing laws to cover online media and other intangible goods. Because these laws are written and applied,
considerable ambiguity is expected in defining intellectual property infringements. After the laws are established and
understood uniformly, protection will be more easily granted to, and guarded by, the rightful owners. However, this
remains a rapidly changing area of international law, often making it difficult to fully enforce current protections.

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