Just as one owns physical property and real estate, Intellectual Property (IP) allows people exclusive ownership of their creativity and innovation. It gives these people control on their innovations for which they are rewarded and encouraged to create further for the benefit of others.
The Intellectual Property Rights have their roots in the original Constitution which was designed by the Founding Fathers of the nation. It states that the Congress will have the power "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."
The four main types of IP are
Patents for inventions - These are relevant to new and improved products and processes that have the capability for industrial application
Trade marks for brand identity - These are for goods and services for allowing distinctions to be made between different traders
Designs for product appearance - This involves the whole or a part of a product resulting from its features such as the lines, contours, colors, shape, texture or materials as well as its ornamentation;
Copyright for material - This includes literary and artistic material, music, films, sound recordings and broadcasts as well as software and multimedia
Besides the above, IP covers a larger area which extends to trade secrets, plant varieties, geographical indications, performers rights and so on.
While in some cases IP law gives protection for ideas, in most, an idea will have to be first elaborated before any protection is given. It is not always possible to protect IP as well as gain IP rights. This can, however, be done if IP has been applied for and granted. Some IP protection under the IP Law such as copyright arises automatically, without any registration and as soon as the creation has been recorded for, in some form or the other.
Intellectual Property Laws help to promote a dual balance - financially rewarding the creation or innovation through the grant of exclusivity to the owner while simultaneously giving an impetus to that creativity by freely promoting the ideas. It encourages freedom of the Americans to speak and express themselves without restrictions and is found through all the laws and cases about Intellectual Property in the United States.
Copyright Laws
Copyright protection was designed for original works of authorship that include literary, dramatic and musical works, pantomimes and choreography, pictorial, graphic and sculptural, motion pictures, audio-visual as well as sound recordings. It gives the creators economic rights enabling them to control the use of their creativity in several ways such as making and issuing copies to the public, performing in public, broadcasting and use-on-line. Copyright Laws gives the author moral rights which identify him as the creator of that material and also allows for the objection of its mutilation and distortion.
However, copyright does not protect ideas, names or titles but the original work that is created or authored from such ideas may come under the umbrella of copyright law.
The primary reason for the copyright is to allow the authors economic gains for their endeavors and at the same encourage future creativity and innovation for the benefit of all. Copyright material is the result of creative skills, hard work and investment; if left unprotected, it could be exploited by others without the original author having being paid for it. That is why those using copyright materials will first need permission from the copyright owner. The only exception to this may be some minor usage which may escape the copyright infringement clause.
Copyright protection is done as soon as the creation, in whatever form has been recorded for. Although there is no official registration, form or fee for copyrights, the creators may take precautionary steps to ensure proof that the material is owned by them.
About the Author
William Brister - http://www.legalproguide.com - The Four Types of IP's
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