13.3 Intellectual Property and Copyright in Communication

Intellectual property and copyright are crucial in communication, protecting creators' rights while allowing for fair use. These concepts ensure original works are respected and creators are compensated, but also allow for limited use in education, commentary, and research.

Balancing creator and user rights is an ongoing challenge in the digital age. Open licensing models and fair use exceptions provide flexibility, but ethical considerations around plagiarism and digital rights management continue to shape the landscape of intellectual property in communication.

Intellectual Property Rights

Types of Intellectual Property Protection

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• Copyright grants exclusive rights to the creator of an original work (books, music, films) to reproduce, distribute, perform, display or create derivative works based on the original
• Trademark protects words, phrases, symbols or designs identifying the source of goods or services distinguishing them from others (brand names, logos, slogans)
• Patent provides exclusive rights to an inventor for a limited period of time in exchange for public disclosure of an invention (new products, processes, machines)

Obtaining and Enforcing IP Rights

• Register copyrights with the U.S. Copyright Office to establish a public record of ownership and secure additional legal rights
• File for trademark registration with the U.S. Patent and Trademark Office (USPTO) to protect brand identity and prevent others from using similar marks
• Apply for a patent through the USPTO by submitting a detailed description of the invention, which is then reviewed for novelty and non-obviousness
• Enforce IP rights through legal action such as sending cease-and-desist letters, filing lawsuits for infringement, or seeking injunctions to stop unauthorized use

Copyright Exceptions and Alternatives

Fair Use Doctrine

• Allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship or research
• Four factors are considered in determining fair use: purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect on the potential market value
• Examples of fair use include quoting excerpts in a review, using clips for educational purposes, or creating parodies that transform the original work

Open Licensing Models

• Creative Commons provides a set of free copyright licenses allowing creators to grant specific permissions for others to use their work (Attribution, ShareAlike, NonCommercial, NoDerivatives)
• Open source software licenses like GNU General Public License (GPL) and MIT License allow users to freely use, modify and distribute the software's source code
• Public domain refers to works not protected by copyright, either due to expiration of the copyright term (70 years after the author's death) or deliberate release by the creator
• Works in the public domain can be freely used by anyone without permission or attribution (Shakespeare's plays, classical music recordings, government documents)

Ethical Considerations

Academic and Professional Integrity

• Plagiarism involves using someone else's work or ideas without proper attribution, violating principles of academic honesty and intellectual property rights
• Proper citation practices, such as using quotation marks, in-text citations and reference lists, help avoid plagiarism by giving credit to original sources
• Universities often use plagiarism detection software (Turnitin) to identify potential instances of academic dishonesty and enforce honor code policies
• In professional contexts, plagiarism can lead to disciplinary action, damage to reputation, and legal consequences for copyright infringement

Balancing Creator and User Rights

• Digital Rights Management (DRM) technologies are used by copyright holders to control access and prevent unauthorized copying of digital media (e-books, music, video games)
• Critics argue that DRM can limit legitimate uses under fair use, hinder preservation efforts, and infringe on consumer rights (inability to resell or lend purchased content)
• The Digital Millennium Copyright Act (DMCA) prohibits circumvention of DRM and has been controversial for its impact on fair use, free speech, and innovation
• Debates over copyright reform seek to strike a balance between incentivizing creation, enabling public access, and adapting to new technologies (orphan works, mass digitization projects, remixing and user-generated content)