Essay on Copyrights and intellectual property

The world of technology is ever changing and evolving at a rapid pace. Companies like Google, Apple, HTC, and Oracle have made major technological advances in the 21st century. These companies rely on copyrights and intellectual property laws to protect their innovations as well as their profits. But there is a fine line between protection and hindering technological advancement when developing copyright and intellectual property laws. “… the law’s contribution is limited because too much protection would impede technological progress rather than advance it, by restricting subsequent creators in what they could draw from the existing technological base”

Intellectual property and copyright laws have been crucial shaping recent technological advancements and will play a major role in the proceedings of current technological court cases.

Copyright

“The Act fo 1842 defines the meaning of the word copyright o be the sole and exclusive liberty fo printing or otherwise multiplying copies of any subject to which the word is applied” (Hinkson, 1903, p. 7).

Common knowledge would say that a lot of things in this world have changed since 1903. Copying print is no longer the sole medium protected under copyright laws.

According to Michael Einhorn (2004) economically protection of copyright makes sense considering, “A large fraction of production costs must be incurred upfront, with considerable expense and effort to create and work up for market” (p. 7).

Each of these industries (book publishing; music, sound recording and radio; movie & television; computer and computer software) to some extent has followed a similar birth and growth pattern: a new technology radically alters the economics of an existing industry, while giving birth to a whole new industry.

Industries change and so must the laws that govern the innovation and technological ideas that sprout from the change. Copyright laws must be stern and rigid while still allowing for the flexibility to adapt to a changing marketplace. As inventors create new technology they must conform to current copyright laws while looking into pending legislation that may hinder profits. Profits may be further undermined when a company’s or individuals copyright is infringed upon.

Intellectual Property

Intellectual property is a term used to define a collection of several different creations of the mind that carry certain protections or exclusive rights granted to the owner or creator. Many intellectual property rights protect creations such as music, artistic works, literary works, discoveries, engineering designs, and inventions including technological advances. The protective property rights granted to these creations include, but are not limited to, copyrights, trademarks and patents; each of which are designed to protect the creating individual or companies’ rights to supply or prevent unwanted usage and distribution.

Technological advances and breakthroughs are considered intellectual property and are, therefore, protected by some form of property rights. Protection of intellectual property rights in the form of technology is a long argued topic due to the impact technological advances has on society at large. Each and every individual is in some way reliant on modern technological advances either in the form of computer software, data communications or medical research. The argument against protecting intellectual property rights in technology claims that the important of technology in every individual’s life makes the free-flow of innovation more important than protecting one individual or firm’s ownership rights. On the other hand, without said protections, the argument is made that individuals are simply unmotivated to create and; therefore, intellectual property rights are the cornerstone for encouraging technological advancement.

Similarly, free business enterprise is lifeblood of technological innovation and advancement for a number of reasons. Enterprise is based on profit, which is obtained through advancement and technological breakthrough. Without a firm’s ability to maintain ownership, and therefore profitability, rights then no company would have the encouragement to innovate. Research and development is a costly and time consuming function in any business market; one that can often bring major returns when a firm accomplishes a technological advancement that is well received by consumers or the industry. However, if the firm was not allowed ownership rights, the advancement would bring the industry satisfaction but not the creator. It is for this reason that individuals and firms so vehemently strive to protect their individual interest in their creations.