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What is intellectual
property?
What are the laws that
I need to know about intellectual property?
How does the Internet
affect intellectual property?
What are the main
issues and questions?
Are there any Web sites
about the issue of "freedom of information"?
What is the famous
quote by Thomas Jefferson about intellectual property?
References
and Resources
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What is intellectual
property?
A simple legal definition of intellectual property:
"INTELLECTUAL PROPERTY -
Property that can be protected under federal law, including
copyrightable works, ideas, discoveries, and inventions. Such
property would include novels, sound recordings, a new type
of mousetrap, or a cure for a disease."
The 'Lectric Law Library Legal
Lexicon', intellectual property, retrieved from the World Wide
Web, August 5, 2002, http://www.lectlaw.com/def/i051.htm
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What are the
laws that I need to know about intellectual property?
Copyright laws, the Digital Millennium
Copyright Act, and the concept of "fair use" are important
areas of intellectual property for educators. These areas are
covered in Copyright
Basics for Educators, copyright-faqs.html
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How does the
Internet affect intellectual property?
There is a wealth of information
available on the Internet that is protected by law. With the click
of a mouse text, images, video, and sound files can be easily
copied and downloaded. The ease of reproducing information via
digital technology and the Internet has caused concern for the
creators and users of this information. It is not unusual to see
warnings posted on Web sites and reminders that information from
the site may not be copied.
The digital age has seen two controversial
views on intellectual properties emerge. At one extreme of the
issue are people who believe that intellectual property should
be unprotected and unrestricted, while those at the other end
feel that the government needs to pass and enforce laws to protect
intellectual property. The key issue here is about producer rights
and user rights; a balance between public and private interests.
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What are
the main issues and questions?
The digital age has seen two controversial
views on intellectual property emerge. At one extreme of the issue
are people who believe that intellectual property should be unprotected
and unrestricted, while those at the other end feel that the government
needs to pass and enforce laws to protect intellectual property.
The key issue here is about producer rights and user rights; a
balance between public and private interests.
Questions being asked in this debate
are:
- How does the violation of intellectual
property rights compare to the violation of physical property
rights?
- Is information property?
- Are ideas property?
- Who owns knowledge?
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Are there any
Web sites about the issue of "freedom of information"?
- Conservatives and Intellectual
Property, by James Boyle, text of a speech to the National
Federalist Society Annual Meeting in Washington DC, published
in Engage Volume 1, April 2000 p.83
http://www.law.duke.edu/boylesite/Federalist.htm
- The Economy of Ideas,
by John Perry Barlow, Wired, http://www.wired.com/wired/archive/2.03/economy.ideas_pr.html
- Is information property?(Legally
Speaking), by Pamela Samuelson, Communications of the
ACM March 1991 v34 n3 p15(4) COPYRIGHT Association for Computing
Machinery 1991. Retrieved from the World Wide Web, August 1,
2002, http://eserver.org/internet/Is-Information-Property.txt
- Policy Paradigms of Intellectual
Property, by Oliver Roup, Paper for MIT 6.805/STS085: Ethics
and Law on the Electronic Frontier, Fall 1995, retrieved from
the World Wide Web, August 1, 2002,
http://www.swiss.ai.mit.edu/6095/student-papers/fall95-papers/roup-IP.html
- Intellectual Property: Federal
Policies Must Balance User and Producer Rights,
Association of American Universities, March 2002, retrieved
from the World Wide Web, August 1, 2002, http://www.aau.edu/intellect/IntlPropTP.html
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What is the famous
quote by Thomas Jefferson about intellectual property?
"If nature has made any one
thing less susceptible than all others of exclusive property,
it is the action of the thinking power called an idea, which an
individual may exclusively possess as long as he keeps it to himself;
but the moment it is divulged, it forces itself into the possession
of everyone, and the receiver cannot dispossess himself of it.
Its peculiar character, too, is that no one possesses the less,
because every other possesses the whole of it. He who receives
an idea from me, receives instruction himself without lessening
mine; as he who lights his taper at mine, receives light without
darkening me. That ideas should freely spread from one to another
over the globe, for the moral and mutual instruction of man, and
improvement of his condition, seems to have been peculiarly and
benevolently designed by nature, when she made them, like fire,
expansible over all space, without lessening their density at
any point, and like the air in which we breathe, move, and have
our physical being, incapable of confinement or exclusive appropriation.
Inventions then cannot, in nature, be a subject of property."
- Thomas Jefferson
The Economy of Ideas, by
John Perry Barlow, Wired,
http://www.wired.com/wired/archive/2.03/economy.ideas_pr.html
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References and Resources
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Conservatives and Intellectual
Property, by James Boyle, text of a speech to the National
Federalist Society Annual Meeting in Washington DC, published
in Engage Volume 1, April 2000 p.83
http://www.law.duke.edu/boylesite/Federalist.htm
The Economy of Ideas, by
John Perry Barlow, Wired,
http://www.wired.com/wired/archive/2.03/economy.ideas_pr.html
FAQ's
For Educators On Intellectual Property, Copyright, and Plagiarism:
Copyright Basics for Educators, by Teri Grant, Julia Jeffries,
Vicky Romano, & Kathy Schlappi. (August, 2002).
copyright-faqs.html
Intellectual Property: Federal
Policies Must Balance User and Producer Rights,
Association of American Universities, March 2002, retrieved
from the World Wide Web, August 1, 2002, http://www.aau.edu/intellect/IntlPropTP.html
Is information property?(Legally
Speaking), by Pamela Samuelson, Communications of the ACM
March 1991 v34 n3 p15(4) COPYRIGHT Association for Computing
Machinery 1991. Retrieved from the World Wide Web, August 1, 2002,
http://eserver.org/internet/Is-Information-Property.txt
The 'Lectric Law Library Legal
Lexicon', intellectual property, retrieved from the World
Wide Web, August 5, 2002, http://www.lectlaw.com/def/i051.htm
Policy Paradigms of Intellectual
Property, by Oliver Roup, Paper for MIT 6.805/STS085: Ethics
and Law on the Electronic Frontier, Fall 1995, retrieved from
the World Wide Web, August 1, 2002,
http://www.swiss.ai.mit.edu/6095/student-papers/fall95-papers/roup-IP.html
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Kathy Schlappi
August 2002 |
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| © Copyright 2002
by tgrant, jjeffreys, vromano, & kschlappi. Permission to reproduce
and distribute for non-profit purposes granted. |
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