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Published byGilbert Blake Cobb Modified over 9 years ago
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IP Basics
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What is IP? Right to EXCLUDE others from using IP Intangible assets; right to monetize them Agreement between society and creators; knowledges is shared in exchange for publicly granted exclusive rights Rights granted by laws Controlling media/technology is about power and ideology and perpetuating class difference...info haves/have nots...KNOWLEDGE IS POWER
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Types of IP? Copyright (statutory): Federal and State Patent (statutory): Federal and Territorial Trademark (common law): Federal and Regional Trade Secrets (protect IP, but not IP law) Nondisclosure agreement (protect IP, but not IP law) Contract law (protect IP, but not IP law)
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Intellectual and Physical Property Rivalrous: Consumption by one prevents consumption by others Non-rivalrous: Consumption by one DOESN'T prevent consumption by others
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IP are Non-Rivalrous in Nature We Consume Intellectual Properties in BOTH Rivalrous and Non-Rivalrous Goods
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The Initial Patent Model Venetian Statue of 1474 Textile, glass staining, cloth Trade guilds 10 years No distinction between “inventor” and “importer” of techniques/technology
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The Initial Copyright Model Stationers’ Company – Chartered publishing monopoly Natural rights=not contingent on law – John Locke 1710, Statute of Anne – Give right to authors not publishers – Private copyright to public grant – 14 years; 14 year renewal – Public domain – U.S. laws come from this Statute
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U.S. Constitution Congress has the power to: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and Discoveries. Article I, Section 8, Clause 8 (1787)
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Article I, Section 8, Clause 8 Copyright and Patent Clause Patent and Copyright Clause Intellectual Property Clause Progress Clause Two congressional powers: Limited times/exclusive right (copyright) Limited times/exclusive right (patent)
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“Authors” Culture or Publics $/Protection +++ Creativity/ Innovation IP's Promise In US
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Economic v. Moral ECONOMICMORAL Anti-Monopoly
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In our Constitution... Less Protection = More Innovation
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Moral Rights 1) Attribution 2) Integrity Bars alteration, distortion, or mutilation Author maintains moral rights of a work even if they don't own the copyright Europe= moral rights system US= economic incentive system (supposedly)
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