Intellectual Property Ethics

Intellectual property can be described as any exceptional product of human intellect or the mind. Some common examples of intellectual properties include software, music, symbols, movies, designs, symbols, words and phrases. Similar to other properties, intellectual property is safeguarded by relevant laws that seek to protect the interests of creators. These laws seek to achieve this by giving the creators rights over their respective creations. However, the protection of intellectual property is associated with some ethical issues and concerns. This paper discusses intellectual property ethics in relation to intellectual property rights and intellectual property theft. The discussion includes an overview of laws relating to safeguarding intellectual property rights and a brief analysis of the Robin Thicke/Blurred Lines lawsuit.
Intellectual Property Rights and Intellectual Property Theft
Intellectual property rights can be simply defined as the privileges that content creators own over their creations (Burris, n.d.). These rights or privileges are safeguarded using various laws and policies that seek to safeguard the interests of creators with respect to their creations. These laws are classified into different categories such as copyright laws and patents. As part of protecting the intellectual property rights of content creators, these laws enable them to obtain financial benefit or recognition for their unique creations or inventions.
On the contrary, intellectual property theft is defined stealing or using someone else’s creation or invention without his/her permission. It primarily entails robbing individuals or companies of their inventions, ideas, and creative expressions for personal gain without their permission (Federal Bureau of Investigation, n.d.).
Laws on Protecting Intellectual Property Rights
As previously indicated, intellectual property rights are safeguarded through various laws and policies. While there are concerns on whether or not there is a natural right or privilege to intellectual property, many societies opt to grant these rights/privileges to content creators through laws. Intellectual property laws are classified into four basic categories i.e. copyrights, patents, trademarks, and trade secrets. Copyright laws safeguard intellectual property through protecting the expression of an idea in terms of sale, reproduction, and republishing. In contrast, patents safeguard ideas and grant the inventor the exclusive rights to create, use or sell an invention (Burris, n.d.). Trademarks are intellectual property laws that are used to identify a product, service or business while trade secrets protect confidential information that may give rival advantage over its competitors.
Importance of Safeguarding Intellectual Property of Others
As previously indicated, the protection of intellectual property rights has been characterized by concerns on whether there is a natural right to intellectual property. However, it is still important to protect the intellectual property of others in relation to the rationale behind intellectual property rights. It is important to protect the intellectual property of others since it promotes creativity in the society and generates economic advantages due to the financial gains associated with it. In this regard, protecting intellectual property of others not only benefits the creators by granting them financial gains from their creations, but also benefit the society by enhancing creativity and generating economic gains from the use of these creations.
Brief Case Study Analysis
An example of a lawsuit involving intellectual property rights is the Robin Thicke/Blurred Lines lawsuit. This highly publicized lawsuit incorporated Robin Thicke, Pharrell Williams, Clifford Harris Jr., and their hit song, Blurred Lines. Thicke & Williams co-produced the hit song, which earned them more than $16 million in streaming revenues and sales. In addition to being viewed hundreds of millions of times, the song had also been pirated several times. However, the song sparked controversy for its similarity to “Got to Give It Up” by Marvin Gaye in 1977. Gaye’s family was outraged as they believed that the hit song was an intellectual property theft. After Thicke filed a preemptive lawsuit to prevent Gaye’s family from seeking any share of royalties, the family sued Thicke and Williams. Despite William’s claims that he had composed the song, the jury ruled in favor of Gaye’s family on March 10, 2015. The jury found that there was sufficient evidence to demonstrate a similar feel between the two songs, which warranted copyright infringement. Gaye’s family were awarded $7.4 million in damages for the copyrighted infringement or intellectual property theft (Maya, 2015).
Based on this analysis and discussion, there is no difference between stealing an individual’s ideas or words and stealing an individual’s physical property. In both instances, the theft steals another’s with the aim of depriving the owner the privileges and benefits associated with it. Given the ultimate aim of intellectual property theft, it would be difficult to trust some who has been guilty of such an offense. This difficulty is further evident in the fact that intellectual property is intangible, which enhances vulnerability to theft.
In conclusion, intellectual property refers to a unique product of the mind or human intellect that is expressed in different forms. Intellectual property rights are safeguarded using laws or legislation that are classified into different categories including copyright, trademarks, patents, and trade secrets. Despite concerns on whether there is a natural right to intellectual property, it is still important to safeguard the intellectual property of another. Such protection is associated with significant benefits for the creator and societal benefits relating to financial gains obtained from the property. As shown in the Robin Thicke/Blurred Lines lawsuit, intellectual property theft is associated with huge consequences.
References
Burris, E. (n.d.). Legal and Ethical Issues with Intellectual Property. Retrieved from University of Missouri-Kansas City website: http://sce2.umkc.edu/BIT/burrise/it222/notes/ip.html
Federal Bureau of Investigation. (n.d.). Intellectual Property Theft/Piracy. Retrieved from U.S. Department of Justice website: https://www.fbi.gov/investigate/white-collar-crime/piracy-ip-theft
Maya, J. (2015, April 15). Music’s “Blurred Lines” Verdict Broadens Copyright Protection. Retrieved Florida International University website: https://law.fiu.edu/blurred-lines-verdict/