Here's something I have been interested in for a long time: Intellectual Property Rights. Now, I'll start with a quick definition. Intellectual property is a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter; an idea, a theory, a concept, a design, a piece of property that someone has put time and effort into that is not tangible. Examples are logos, movies, songs, articles and a lot more. Why is it interesting? Think of it this way... Some one comes to me and asks me to design a brochure for their new company. I brainstorm and come up with this great brochure. A couple of months later someone else comes up and wants a brochure. Do I use the same layout? Does the previous client own that layout? Does he own any part of it? Sure, he provided me with the text (maybe) and the content, but I made it. So, who owns it? Who gets the rights to it? A musician writes a couple of songs and a record company picks her up and cuts a record deal and spends thousands on marketing her new album. Who owns the music? Yeah, she wrote the song, but if it wasn't for the record company, she wouldn't have made it.
Last week Apple released the new iPod that plays video. Along with it they released a new version of iTunes that can download TV Shows as well for 2 bucks a pop. Many shows, like The Desperate Housewives can be downloaded and played on your iPod now. Cast members, like Teri Hatcher and Eva Longoria are pissed. ABC and Apple are making all the money from this business venture on the behalf of the hard working actors and actresses. They all get cuts from the DVD sales, why not downloads as well?
Due to the digital age, intellectual property rights has become a huge concern to many people and industries. It is the force driving the RIAA and MPAA lawsuits. They both say that they own the rights to the music and movies. If you buy a CD legitimately, shouldn't you be allowed to burn copies of it? The RIAA goes as far as to say that when you buy a CD you only have the right to listen to the music, not your friends. You can not digitize it (put it on your computer). If you buy a DVD, you can not burn a copy and send it to your friend... even though you bought it. Is this right? You paid your dues... you own that.
Just something to think about... allow your brain to work a bit. You'd be amazed what will happen (and hurt).
3 comments:
I think those Housewives should see a little action from those downloads. Bum, I'm sure you'll write a freaking novel quoting at least 50 cases that you've read, that absolutely no one will care about.
The contract for the completed work should contain a clause regarding the owner of the final product.
Common law dictates that once your services are rendered, you no longer retain the rights to your product. However, that's a rebuttable presumption.
Most likely, unless stipulated elsewhere in a contract, the final product belongs to your customer, but ONLY the final product. All your bits and pieces are still yours.
Bum, thank you for writing this. It was just long enough to put me to sleep last night. I'm thinking of getting my hair cut like Bryan Adams profile shot.
The summer seemed it'd last forever!
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