Intellectual Property

    Learning Objective: 
    to understand the idea of intellectual property
Success Criteria:
- demonstrate awareness of the difference between copyright and trademark
- show an understanding of the meaning and relevance of the public domain
What is intellectual property?

Are any of the following intellectual property?

A novel? 
A film script? 
A joke? 
A recipe? 
A character in a TV show? 
A painting? 
The lyrics to a song? 

Real property = physical things we own e.g. a painting, a novel

BOTH THESE THINGS CAN BE REAL & INTELLECTUAL PROPERTY

Intellectual property = there doesn't have to be any REAL property for it to exist, e.g. a joke or a recipe that has never been written down; it is the right of ownership over things that have been created with the mind

Who benefits from the laws protecting intellectual property?

How does society benefit from the laws protecting intellectual property?
If the concept of intellectual property exists to reward and encourage people who create art, literature, etc., then it follows that these people own their creations. 
Right?
 

Intellectual Property: Superman

In pairs, decide whether you think the following constitute infringements of intellectual property:

1) Drawing Superman (or another copyrighted character) in your sketchbook

2) Photocopying a comic book panel to use in a poster

3) Using Superman (or another copyrighted, trademarked character) in a short story

4) Scanning and uploading a comic book to a file-sharing site

5) Downloading a scanned comic book from a file-sharing site

6) Drawing a parody comic making fun of Superman

7) Adapting a comic book into a radio play for a class project

8) Making and selling a T-shirt with an image of Superman or his “S” on it

9) Using the plot from an old Superman comic in your own story


ANSWERS


Why are some of these situations more serious than others?

Why, for instance, might it not be infringement to draw Superman in your sketchbook when it is infringement to put him on a T-shirt? 
Why is uploading a Superman comic worse than downloading it? 
Why is it probably permissible to use the plot from a Superman comic in your own work, but not to use Superman himself? Since adapting a Superman comic to another medium is a clear violation, why would it be unlikely to be acted on if it’s done for a class project? 
Why is a parody of Superman least likely to be an infringement? 
INTELLECTUAL PROPERTY QUIZ

Choose one of the following and write a short argument debating the issue based upon your learning

Creators should never lose their rights to their creations. Intellectual property should only be able to be leased, not sold. 

“Intellectual property” is an oxymoron. Only real property should be able to be owned and sold. 

Copyright should be perpetual, passing to the heirs of the original creator (or remaining property of the corporation that owns it) forever instead of passing into the public domain. 

People should not have to give up their intellectual property rights as a condition of employment. Work-for-hire should be abolished. 

Characters should not be intellectual property. Once a character has been created, anyone should be able to use it in their own work.


Thanks to: http://mediasmarts.ca/intellectual-property/