The Internet has changed the way that the average person accesses media and shares information. There are few areas impacted by this technology as intellectual property. When video, images, text and other information can be transmitted or posted online in seconds, it is harder to regulate the flow of information and manage intellectual property.
What is Intellectual Property?
Merriam-Webster defines intellectual property as:
“Property (as an idea, invention, or process) that derives from the work of the mind or intellect; also: an application, right, or registration relating to this”
This makes the definition of intellectual property very broad. Business law is booming and intellectual property is becoming more and more important. From photos of your family to website entries or books, if you thought of it and then released it into the world, it could be considered your intellectual property. In most cases, this term is used for businesses purposes. From company logos and letterheads to music tracks and movies, most tangible creations of the business are intellectual property.
Managing Intellectual Property Online
When images can be downloaded or shared with a few clicks of a mouse and file-sharing programs make it simple to obtain virtually anything in a digital format, it is important to understand intellectual property rights to avoid potential legal issues.
Numerous laws and licenses apply to online intellectual property. Two of the most commonly used laws or licenses include:
- Digital Millennium Copyright Act: Originally signed into law in the United States in October of 1998 and revised a few times since, the DMCA was created to help intellectual property owners enforce their ownership rights online and outlined best practices for businesses in relation to responding to copyright notices and other issues. For further information, consider this article by MakeUseOf.
- Creative Commons Licensing: To help make it easy for artists, businesses and other content creators define how their intellectual property may be used, a group of volunteers created the Creative Commons License. This license allows you to make it known to other’s precisely what you allow to be done with your content. From basic sharing rights to full editing and derivative works, the licenses work in conjunction with traditional copyright laws to allow businesses and individuals to share content and enforce misuse.
The Never-Ending Piracy Debate
One of the hottest topics in online intellectual property is piracy. From software to eBooks, there are entire communities and programs available online dedicated to sharing intellectual property with others. While there are legal uses for such programs, there is a massive amount of content that is traded and transmitted illegally as well. Recent proposals, such as CISPA, PIPA and SOPA have attempted to find ways to address these issues.
All of these have been met with a wide range of criticisms and concerns.Balancing consumer rights and creator rights as technology continues to evolve and change markets is inherently a tricky endeavor. The debate continues and this topic could continue to polarize audiences for years to come.
Online intellectual property rights should be a major concern for anyone who is sharing art, music, images and other creations online. Though the biggest impact is often seen within artist communities, there are many reasons for businesses and individuals to learn about their intellectual property rights and track the latest trends and proposals on this widely debated topic.
Author: Brett Gold writes on legal issues in the Chicago area. Brett gives guardianship advice to those in need. He spends time with his wife and on vacations has backpacked all over the U.S.A.