Analyze the legal ramifications of the situation and discuss concepts from the class that relate to the violation.
Research current events depicting intellectual property violations.
I have this discussion and need to respond to two student the student responses need to be 100-150 words
Directions
- Read chapters 7 & 8
- Research current events depicting intellectual property violations.
- Initial Post
- Provide the name of your source
- Provide an overview of the issue at hand
- Summarize how the violation was handled
- Share applicable financial information (for example: Company Y lost $X in sales)
- Analyze the legal ramifications of the situation and discuss concepts from the class that relate to the violation.
- Support your response with at least one credible reference.
- Note: Citations may be in text to accompany the audio submission.
- Response Posts
- Select two peers to respond to.
- Explain why you agree or disagree with their analysis.
- Support your responses with credible references, where applicable.
- Note: Citations may be in text to accompany the audio submission.
Student 1
Intellectual property includes intangible creations from an individual. The first thing that comes to mind when I think of intellectual property violations is the Tik Tok Platform. Tik Tok is a video-sharing platform where creators are making videos and sharing them with the world on a daily basis. There are so many videos created and shared on the platform on a daily basis and there is not much to stop others from taking your intellectual property. This is very apparent with the music that is used in a lot of the videos on Tik Tok. “The majority of TikTok clips include music—much of it unlicensed music” (Gleason, 2020.) Unlicensed music falls into a violation of intellectual property because the artist is the creator who may or may not is credited properly which Tik Tok states that they respect intellectual property. I have been on Tik Tok for over a year now and most of the music that is used on there the artist either do not know or know that currently, there isn’t much that they can do about it.
The National Music Publishers Association signed an agreement with Tik Tok to take action in May of 2020 that would give the creators on Tik Tok the option to opt-in to a licensing framework. Although this agreement has taken place Tik Tok is still in negotiations with music rights violations with ICE.
Reference:
Gleason, A. (2020, August 28). Copyright Owners’ Love/Hate Relationship With TikTok and Instagram Raises Legal Issues. The National Law Review. https://www.natlawreview.com/article/copyright-own…
Student 2
Hi class,
Intellectual property (IP) is a creative work or invention that is protectable by patents, trademarks, trade names, copyrights, and trade secrets (Geringer,2016). A patent can be summarized as a government grant that gives an inventor exclusive rights to a product. The way governments protect intellectual property vary by country. For example, the EU gives the patent rights to the first person who registers an invention, while the U.S. gives the patent rights to the person who invented it first. It is important to small businesses, especially if they want to expand globally, to understand the IP laws in the global market to ensure they are not violating someone else’s work.
For this discussion, I found an article about a small, privately held company called Personalized Media Communications that sued Apple for infringement of a patent related to digital rights management. Apple was said to have infringed on Personalized Media’s patent when it developed FairPlay, which Apple uses for the distribution of encrypted content from its iTunes music store and music applications. The lawsuit was originally filed in 2015, but Apple successfully challenged the suit at the Patent Trial and Appeal Board. However, the U.S. Court of Appeals reversed the board’s decision last year and reopened the case. The federal jury ended up ruling in favor of Personalized Media and ordered Apple to pay $308.5 million in royalties. Apple is obviously unhappy with this ruling and plans to appeal the case. The media company in question has a pending case against Netflix and lost other cases against Google and YouTube last year. Patents can be vague, and our book mentions patent trolls, who buy patents that were mistakenly granted by failed companies that the trolls then try and cash in on. The book also mentions a subworld that has patent pirates, who steal IP rights by using the protected property. Trying to navigate possible infringements on IP seems challenging and exhausting, in my opinion.
References
Yasiejko, C., & Calkins, L. B. (2021, March 19). Bloomberg.com. https://www.bloomberg.com/news/articles/2021-03-19/apple-told-to-pay-308-5-million-for-infringing-drm-patentLinks to an external site..
Geringer, J. M., Ball, D. A., Minor, M. S., & McNett, J. M. (2016). International business. McGraw-Hill Education.
Subject: Business
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