0
Patents and copyrights give authors a monopoly over their own work for a "limited time." In this sense, they affect competition because they eliminate competition for that work once the author patents or copyrights it (assuming it's patentable or copyrightable), giving the author full control over her work. Aside from the cost of granting the author a this limited monopoly, there are other costs to having patents and copyrights: there are transaction costs in enforcement, for example, and costs to making the laws. So, the question is, why do we have it?
The purpose of copyright and patent law in the United States is actually written in the constitution: "to promote the sciences and the useful arts." The limited monopoly gives authors and inventors an incentive to create (which is very beneficial to our society), and outweighs any anti-competitive costs associated with having copyright and patent laws.
The basic standards for copyright and patent law support this basic purpose. For copyright law, the standard is "originality," and for patent law, the standard is "obviousness." The standard for patent law is higher because the cost of the monopoly is greater -- in patent law, you get a monopoly over an idea. If there were a low standard for granting monopolies over ideas (ex: if I could patent my idea for cooking broccoli a certain way), you could see how that would actually stifle progress. Accordingly, we don't want people controlling works of authorship unless they're original, and we don't want people controlling ideas unless they were not obvious.
What else can I help you with?
For a market to exist you have to have what?
Private Property Rights
How does intellectual property differ from physical property?
Physical property is a type of "tangible" property that can be touched and moved, or physically sold or secured; intellectual property is a type of "intangible" property that exists as a concept, and may be represented in physical form, but is not touched, protected or transferred in physical form. Another type of transferable intangible property would be voting rights in shares of stock; although they may be represented by printed shares, the ownership of the rights may exist without they physical presence of those papers. For example, a statue is a "copy" of a work of creative authorship by the sculptor and is protected by copyright; it may be physically moved, sold, destroyed; but the possession of the copy (even if it is the only one) has nothing to do with the ownership of the intellectual property it represents: the copyright of the sculptor in that work and any copies of that work. Similarly, an inventor may own a trade secret or patent on an invention (all of which are intellectual property), and a person who purchases or uses the device that incorporates the invention might have physical property but does not own the intellectual property embodied in the invention (i.e., the right to prevent others from making, using, selling or importing copies of the invention, or anything else that would infringe the i.p. rights).
Copyright Law?
A copyright is considered a form of property in ideas. A copyright is also known as an area of law within the field of Intellectual Property. Essentially, a copyright is a grant of property rights that protects original works by authors which are fixed in a tangible medium of expression. It is important to understand patents, copyrights, and trademarks as the granting of certain property rights. The Copyright Office of the Library of Congress is responsible for granting copyrights and gets its authority from Title 17 of the U.S. Code. There are many types of works that are protected by copyrights. It is essential to know that a work must be a tangible medium of expression in order to be considered a copyright. The works protected by copyrights are as follows: literary works, dramatic works, musical works, choreographic works, graphic works, sculpture works, motion pictures, sound recordings, and architectural works. For further information on the works protected by copyrights, one can simply look within the United States Code Annotated. Under 17 U.S.C.A.C2A7 102(a) (2002), one can find exactly which works are protected by copyrights. It is important to note that certain things are not covered under the protection of copyrights. These are ideas, processes, procedures, principles, and discoveries. The works not covered by copyright protection can be found in 17 U.S.C.A.C2A7 102(b). There are five fundamental rights which copyrights also protect. These are reproduction, adaptation, publication, performance, and display. These rights are essentially what constitute a copyright. There are also conflicting rights within copyright law, such as the right to fair use for scholarship, research, and news reporting. There are certain term limits of copyrights. For an author, a copyright will exist for a term of the life of the author and 70 years after the author's death. This law is found in 17 U.S.C.A.C2A7 302(a). For works which involve more than one author, a copyright will last until the final surviving author dies and then 70 years after. For anonymous authors, a copyright for a work will last 95 years from publication or 120 years from creation, whichever expires first. If a person wants a work to be granted copyright protection, then he or she must make sure that the work meets two fundamental criteria. These two criteria are that the work is an original work of authorship and is within a fixed, tangible medium of expression.
What are Shared copyrights?
Shared copyrights are held in part by two or more parties: the writer and illustrator, for example, might both control the copyright of a book, while in hip-hop music, a single song can have half a dozen or more stakeholders.Shared copyrights can also be the result of derivative works: I have created this sculpture, but your photograph of the sculpture required a significant amount of creativity and skill as well, so I might come to an agreement with you that we will share rights in the photograph (I won't let you have all the rights, since without my sculpture, it wouldn't exist).
What is Distributive property of multiplication over addition?
The distributive property states that multiplying a sum by a number gives the same result as multiplying each addend by the number and then adding the products together.
Are there dower rights in Georgia?
Dower rights are the rights a wife has to the property of her deceased husband. They do exist in the state of Georgia.
If you purchase a property with deeded lake rights and find out when you want to sell that you in fact do not have any rights do you have any recourse?
If it was on your deed, and the rights do not in fact exist, then you should contact the title company. It is probably their error.
If copyright holders were to no longer exist would the world be a better place to live in?
Not for people with copyrights!
Why do copyrights exist?
To encourage creation of new works by making it financially viable to create for a living.
What is intellectual property and how does it affect the workplace?
Intellectual property is a blanket term for several types of invention, design, and artistic expression, ranging from fine art to hybrid plants. Its impact on business depends entirely on the nature of the business: some create IP, some use IP, and some exist solely to license IP to others.
Do you have to accept an inheritance?
You do not have to accept an inheritance. You can certainly waive your rights to any property bequethed to you. That portion of the estate will then be distributed according to the will as if you did not exist.
What were the natural rights mentioned by Locke?
John Locke outlined three natural rights in his philosophy: life, liberty, and property. These rights are considered inherent and inalienable to all individuals and form the basis for his argument that governments exist to protect these rights.
