Intellectual Property (Copyright, Fair Use) PDF

Coverage: Intellectual property (Copyright, Fair use, PANE Gauge) Intellectual Property (IP) is a category of property that includes intangible creations of the human intellect. They can’t be held and don’t necessarily have a physical presence. These assets are created using human intellect. Types...

Coverage: Intellectual property (Copyright, Fair use, PANE Gauge) Intellectual Property (IP) is a category of property that includes intangible creations of the human intellect. They can’t be held and don’t necessarily have a physical presence. These assets are created using human intellect. Types of Intellectual Property: 1.​ Patent 2.​ Copyright 3.​ Trademarks ​ Patent - A type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. ​ Copyright - A legal term used to describe the rights that creators have over their literary and artistic works. Work covered by copyright ranges from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawing. What can be protected using copyright? -​ Literary works (novels, poems, plays, newspaper articles) -​ Computer programs & Databases -​ Films, Musical compositions, and choreography -​ Artistic works (paintings, drawings) Types of rights under the copyright: ​ Economic Rights - Rights to adequate food, to adequate housing, to education, to health. 1.​ Reproduction right 2.​ Distribution right 3.​ Public Performance Right 4.​ Public Display Right 5.​ Derivative Works Right 6.​ Digital Transmission Right ​ Moral Rights - Personal rights that connect the creator of a work to their work. It is being properly named or credited when your work is used, and the way your work is treated and shown. 1.​ Right of Attribution 2.​ Right to Integrity Fair use is a legal exception in copyright law that allows people to use small parts of copyrighted material without permission, as long as the use is for purposes like education, research, commentary, criticism, news reporting or parody, and it doesn’t harm the market value of the original work. Window PANE gauge for a Fair Use analysis ​ P - What is your PURPOSE of the use of the work? Is it educational or personal? Or is it commercial and for-profit? If it is education or personal, more than likely it is a Fair Use. ​ A - What AMOUNT of the work is used? The more you copy, the less likely it is permitted as Fair Use. ​ N - What is the NATURE of the work used? Is it a factual book or is it a creative film or music? The more factual the material, the more likely your use is Fair Use. ​ E - What is the EFFECT on the market for this use? Does your use substitute for what could have been purchased? In other words, does your use discourage others from purchasing an original copy? If you would copy part of someone else’s song and then try to make money from your new mash-up, this may not be Fair Use. Trademarks - A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Digital Divide - Refers to the gap between people who have access to modern information and communication technologies and those who don’t.The term has since expanded to include the technical and financial ability to use available technology and access the internet. ​ Inequalities in internet access for socioeconomic reasons ​ Geographical differences in internet speed and access ​ Unequal access to 4G/5G networks for mobile internet ​ Unequal access to computers/mobile devices ​ Gaps in digital literacy, due to generational and/or educational gaps Types of Digital Divide: 1.​ The Access Divide 2.​ The Use Divide ​ Access Divide- Refers to the socioeconomic differences among people and the impact on their ability to afford the devices necessary to get online. In developing countries, many people have limited access to technology and/or the internet and do not have the skills necessary to use it effectively. ​ Use Divide - Refers to the difference In the level of skills possessed by individuals. There is a generational gap when it comes to the skills necessary to use the internet. It is also affected by the quality of education that an individual receives. Younger, educated people tend to have more skills than older, less educated people.