Intellectual property, copyright, and fair use--论文代写范文精选

之后不久,美国版权法案于1790年颁布,模仿预先存在的英国法律。最重要的是,1976年版的权法,今天仍然有效地使用。下面的essay代写范文进行讲述。

Introduction and History 
As with other rights, such as liberty and organization, intellectual property (IP) rights are often overlooked or disregarded simply because they are intangible. Yet, IP rights are essential to the workings of our society, and upholding them means greater freedom to invent, create, and advance. IP is an emerging issue within the education arena. While many people think of it as a new concept, its origins date back to the sixteenth century. In 1557, Great Britain began to awaken to the idea of copyright, and the idea took firm root. The creators of the American Constitution included it in Article I, with the purpose of giving an author exclusive rights to his or her own work and preventing others from profiting from it. 

Very soon after, the United States Copyright Act was enacted in 1790, closely modeled on a pre-existing British statute. Several changes and amendments were made to the Act -- most important, the 1976 Copyright Act, the one we effectively use today. Until 1976, courts and states in the U.S. considered cases of copyright infringement in the light of common law copyright, which established protection for the rights of the creator from the time of the work's creation until publication. This implied that once the work was published, copyright protection ceased. The 1976 Copyright Act changed this stipulation by attaching federal protection to the work from the time it is first fixed in tangible form. 

However, this change was in itself limited, because it provided protection to only those works created in a "tangible medium of expression." This excluded a host of forms of expression of original ideas, especially considering the major advances in science, technology, and communication systems in the recent years. It is not surprising then that the Act has seen at least another 30 amendments and still has room for more. Globalization is another force for change in the area of IP rights, and a number of treaties have affected the way the law is enacted. The most important acts relating to copyright law are the Copyright Term Extension Act (Sonny Bono Act), the Berne Convention, the Digital Millennium Copyright Act (DMCA), and the Technology, Education and Copyright Harmonization (TEACH) Act (Alexander and Baird, 2003). 

From 1989, legislators and inventors have made committed efforts to increase copyright protection to an adequate and all encompassing level, and it remains an ongoing program, with all indications pointing toward further changes. In March of 1989, the U.S. became a member of the Berne Convention, which protects any literary, scientific, or artistic works produced by a member country in any of the other member countries. This implies a good deal of international copyright protection. Under the terms of the Convention, a written notice or registration of copyright need not accompany any work first published after the commencement of membership (March 1, 1989 in the case of the U.S.). This infers that protection is granted on the work's conversion to tangible form. Every member country must offer a minimum level of protection and uphold the moral rights protection clause (to be discussed).

and the US became a member in 1996 by signing the WIPO Copyright Treaty Act. The Act adds to the Berne Convention by extending copyright protection to digital work, technology, and software. It requires every signatory of the Treaty to enact a law that protects works in a digital format; the U.S. amended its laws by passing the DMCA in 1998. The TEACH Act enables nonprofit, accredited academic institutions to use copyrightprotected material for the purpose of distance education, without the need to pay royalties or obtain permission from the owner. However, clearly demarcated guidelines for limitations and procedures to which the institution must adhere in order to avoid infringing the copyright exist (Russel, 2002). It is essential for educators to understand well the provisions of the TEACH Act. While availing themselves of the material, they must ensure they do not abuse the rights of the creator. Limited and reasonable quantities or portions of the work can be used for limited periods of time. 

In 1998, the Sonny Bono Act was also added to the growing list of amendments and laws addressing IP. The effect of this Act was to extend the copyright protection of most works by an additional 20 years. This increases the difficulty of finding works in the public domain, but an important caveat to the Act is that it exempts nonprofit educational institutions and libraries. Basically, it permits such institutions to use any copyrighted work that is in its last twenty years of protection, as if it were in the public domain. However, limitations and restrictions to the use of the material exist. The work must be used for noncommercial or archival purposes only, it must not be "subject to normal commercial exploitation," and all use of the work must cease if the owner issues a notice demanding it.

Defining IP rights and copyright: creativity and reward 
While many people tend to use the term "intellectual property" and "copyright" interchangeably these are, in fact, two separate concepts. IP law is best thought of as a collection of various rights: copyright, patents, designs, trademarks, other types of confidential information, trade secrets, expertise or know-how, reputation, assets that are not necessarily intellectual but have commercial value, chip topography, and other sector-specific rights. Copyright is a subset of IP law. As covered earlier, copyright is the law intended to protect a creator's original ideas, theories, and concepts that are fixed in tangible form. 

Patent law deals with the protection of original methods, concepts, processes, and machinery, as well as inventions that are useful, unique, and hard to pinpoint. Trademark laws protect drawings, symbols, logos, words, and names a business uses to distinguish itself from others. An important aspect is that these IP laws are federal: all state courts must follow a consistent approach. In a dispute, the U.S. Supreme Court has the final decision. Due to the changing nature of IP and copyright, the courts are often involved in establishing the protocol for infringement. Clearly, IP is an area encompassing a wide variety of rights pertaining to ownership of creative work. 

While IP rights are endowed by our Constitution, they have always been marginalized and are only now taking center stage in different areas of our lives. IP rights are meant to give individuals the ability to create and invent, as well as reap the benefits of their creative genius. The rights aim to provide freedom to express the original idea and impart it to the public, without fear it will be distorted, misused, or exploited by others. If an author of an original work cannot have control or gain monetarily and in other ways from his work, the incentive to create and be original will be diminishes. Further, the impulse to copy receives impetus. Society benefits greatly from new advances in technology, science, medicine, and art. Take away the reward from creativity, and new advances will slow down. Progress will begin to slow down and ultimately, society will suffer.

For instance, take a technologist with an ingenious idea for a chip to make computers faster than ever. If the technologist knows his idea can bring in money and fame, he will work toward getting funding, completing his research, and engineering the product as soon as possible. If he believes reverse-engineers will copy the productand flood the market with exact copies at a tenth the price, funding will be difficult to come by because the design and topography of the chip will be hard to protect, and there will be no reward; chances are he will keep his day job and not pursue his idea.（essay代写)

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