2.1 Copyright: Guardian of Intellectual Property

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You have certainly heard the word property before: it is generally used to mean a possession, or more specifically, something to which the owner has legal rights. You might have also encountered the phrase intellectual property. This term has become more commonplace during the past few years, especially in the context of computer ethics. But what exactly does it refer to?

Before we explore the answer to this question, we must first discuss the existence of a very important organization: the World Intellectual Property Organization (WIPO). This organization was founded in 1967 as one of the specialized agencies of the United Nations organizations, and it has since remained responsible for the protection of intellectual property.

Because the WIPO is the leading authority on this matter, we turn to the text of the Convention Establishing the WIPO for a definition of intellectual property. The treaty states that intellectual property generally refers to rights relating to, among others, the following:

1. literary, artistic, and scientific works
2. performances of performing artists, phonograms, and broadcasts
3. inventions in all fields of human endeavor
4. scientific discoveries.

In other words, intellectual property, in the most general sense, encompasses creations of the human intellect (hence the term itself) and their protection, usually by copyright. This brings us to the purpose of the WIPO. It is internationally responsible for both the protection of intellectual property (by means of cooperation among its member nations) and the legal and administrative aspects of it. To this end, it administers various treaties, all which attempt to better the protection of intellectual property.
 
Having defined intellectual property, what, then, is copyright? Copyright is a form of protection provided by laws to the authors of original works, otherwise known as the owners of intellectual property. The international Berne Convention for the Protection of Literary and Artistic Works in 1971 established that works protected under copyright include:

1. literary and artistic works, which includes every production in the literary, scientific, and artistic domain, whatever the mode of expression
2. dramatic and dramatico-musical works
3. choreographic works
4. photographic works
5. works of applied art.

The United States of America, one of the member states of the WIPO, has established similar guidelines in its Copyright Law, for example. It is also generally agreed that the owner of the copyright (and only the owner!) is authorized to do the following with the work:

1. reproduce it
2. prepare derivative works based upon it
3. distribute copies of it to the public
4. perform the work publicly (if applicable)
5. display the work publicly.

In summary then, copyright laws protect intellectual property. It  should be noted, however, that copyright protection extends to expression and not to ideas, procedures, or methods of operations (as stated in the WIPO Copyright Treaty of 1996).
 
 
 

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Last revised: 7/23/99