Where is the line drawn?
What exactly is intellectual property? According to Merriam-Webster online, intellectual property is defined 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. It is interesting to see here that it is listed as a right of some sort similar to what was discussed in class and what Macpherson says that property is a right. Intellectual property just seems like a game that one plays to see who can think of a certain principle or way of thinking first, document or patent it, and claim it as a right of their own so that no others can use it, without consent.
There is a very thin line to where one must ask for consent and can go about doing things without consent. Where is the line drawn to where we can use things without asking for consent? If one must ask for consent for simply having record, a picture or movie, of a trademarked good mostly all of us would be in jail due to copyright infringement. I have seen in many instances on Facebook pictures and videos of trademarked items that if similar to the case of Stephanie Lans (the YouTube mom who was asked to take her video down because her child was dancing to a Prince song that was copyrighted), the people on Facebook would be prosecuted. This law can be stretched to cover many things such as titled of the goods. It is ridiculous that anything could be considered copyrighted if someone gains a patent to it. The “intellectual commons” is shrinking day by day as people claim right to certain thoughts and beliefs. It seems to me that sooner or later we are going to have to ask for consent for everything we write and say because someone will claim that it is the title of their work or related to it.
-TBC
I was particularly interested in the idea that intellectual property is a game or a race, to see who can claim something first. I think this makes copywrite unfair. How does anyone know for sure exactly who came up with something first? One person may patent or copywrite something, but how can anyone be sure that they are the first person to produce an idea or a work?
ReplyDeleteProblems of this kind have occurred in abundance. In the 1800’s, many Pre-Raphaelite painters lived and painted together. As such, many of their works looked similar, and they developed similar styles. In many cases, two painters would paint the same subject. Who then gets credit for the idea of the painting? There were many calls among the painters of plagiarism, but they could never truly decide which came first. In this case, copywrite is completely unfair. Copywrite awards credit to the person who won the race and put out their work first, not necessarily the person who had the idea.