Intellectual Property Analysis of Art-forms - Essay Example

INTЕLLЕСTUАL РRОРЕRTY АNАLYSIS OF АRTFОRMS By Professor Class University City Date of submission Introduction The knowledge of the people is becoming typically non-excludable since there is no possibility of preventing others from utilizing the new knowledge even the consent of the creator. With the rising level of creativity and valuable ideas, the number of people or institutions copying or imitating such practices has been of the rise. As a result, the innovators have been experiencing reduction in potential profits and removal of incentive within the industry as a whole for engaging in innovative activities. In most cases, these activities tend to discourage the innovators thus affecting the economy negatively as innovators tend to shift to more protected practices. It is from this background that Intellectual Property Rights (IPRs) encourages innovation from all industrial sectors through granting victorious inventors temporary monopoly powers over their innovated product. Upon the creation of the innovation, a non-rival party might suggest that the benefits of the innovated product be maximized through offering the services at the marginal cost to all. Even though such availability would yield profits in short term, it would also damage the incentives that could offer chance for future innovation. Moreover, practicing excessive IPR protection could create an environment that restrict innovation since it leads to dissemination of inadequate knowledge which in turn might slow the growth of the extent to which people access technology. It is important to note that inaccessibility to information about a product might bar induction for further studies (Landau, 2012, 260). Nevertheless, weaker IPR has been able to stimulate Research and Development (R&D) activities in most countries resulting in encouragement of knowledge spillovers from the domestic industries and transnational corporations. Consequently, overprotection of the property rights might initiate monopoly within the market since it does not allow other innovators to research on the protected property. Additionally, it might impede entry into the market (Gordon, 1986, 30). Role of Intellectual Property Rights in the craft sectors Through manipulating the incentives to innovate, IPRs protection might affect the economic growth and development of the country in important ways. An important point to note for many countries, especially developing, is whether enforcing intellectual property in a stricter manner is a good strategy of ensuring economic growth (Torr, 2011, 142). Most of the studies indicate that intellectual property protection is very important in determining economic growth. International system of IPRs is experiencing profound changes even as another century approaches. In developing countries, adequate measures have been taken to strengthen the new IPRs regimes. Furthermore, regional trading agreements are paying important attention to issues relating to regulatory convergence with much emphasis on intellectual property rights (Schlesinger and Waelde, 2012, 15). In many industries, IPRs does not offer strong incentives for most innovations for most innovations. Some studies have suggested that IPRs is not an effective and reliable means for firms to appropriate their returns from their innovative activities. In today’s market, there are instant information and communication facilities, which have been able to ease copying, and imitation of creative works. Consequently, the market has become flooded with similar products or products considered downright copies, counterfeits, or forgeries. Thus, the challenge among the artists is to not only produce and market quality products, but also to prevent the escalating level of unfair competition within the industry (Teske, Sandoval, and Bruner, 2011, 97). IPR system offers the best tool for creating and maintaining the exclusivity over creational and innovational output within the market place. Effective IPRs should aim at helping the artisans and visual artists to develop an effective networks and relationship with both end consumers and supply and demand networks. If both artists were to acquire fair returns from their creativity, then it would be crucial that they follow a planned and systematic method of market their products which ensures integration of the tools provided by the IPRs systems. Interaction between the Intellectual Property Laws and craft sector According to the World Trade Organization (WTO), the protection and enforcement of the IPRs should at promoting technological innovations and dissemination of the same technology based on the mutual understanding of both the producers and consumers of the technological knowledge. Such agreements should be conducted in a manner that they are conducive to both the social and economic welfare of both parties (Ministère des Affaires étrangères et européennes, 2012, 107). Some of the IPRs types include copyrights, patents, industrial design rights, and the rights, which aim at protecting trademarks, jurisdictional trade secrets, and trade dress. It is important to note that these rights cover music, artistic works, literatures, and discoveries. Although intellectual property rights have been evolving over the years, it is until the 19th century that people began using the term intellectual property (China IPR SME Helpdesk, 2012, 99). Intellectual property laws are essential in many artistic works. Even though most craftsperson is familiar with different elements of intellectual property laws, but there are many confusions still rising in relation to their precise meanings. The intention of the laws within the intellectual property is to encourage development of the arts through granting certain property rights to the artists. These rights permit the craftspeople to protect themselves against infringement or authorized use of the product (Roberts, 2010, 1405). Patents This is a form of right granted by the government to the craftspeople which them the right of excluding others from utilizing the invention in exchange for public disclosures. In addition, they are exclusive rights granted for innovation over a limited period. In most countries, the patent systems encourage inventions considered useful to the societies. Upon the expiry of the patent, the public has the opportunity of utilizing the innovation through selling, modifying and making (Amador, 2010, 832). Once the government issues a patent to the creative craftspeople, and then the product becomes a private property although the inventor has the right to transfer or assign the product. Patent pays a major role in protecting the craft sector since it allows the inventor to enjoy certain property rights without public infringement instead the system allow them to trade secretly their interventions (Gordon, 1986, 450). With such advantages, the innovators are conferred with market powers and cost efficiencies, which in turn provide adequate incentives of undertaking multinational organizational operations. It is important to note that patents are often issued to creations of products are new and do not display obvious methods invention. To the artists, branding helps in the creation of a brand and establishment of a positive competitive advantage within the market (Sadtler, 2012, 260). Furthermore, the innovators should not assume that their inventions are patented but they should apply and wait for approval through the relevant authority. Copyright According to the Attorney-General’s Department (2012, 30), copyright is a method of intellectual property law that offers the inventor exclusive rights to his/her invention. However, copyright also is also offered within a limited time span. This method might apply to several artistic works. It is important to note than copyright only covers manner in which artistic work has been presented but not the ideas or information. The method offers the innovators the rights to reproduce their works and publicly display them. Moreover, the owners tend to enjoy the economic rights, which in turn benefit them financially since the copyright prohibits other people from utilizing the products without their prior permission. Some of the artistic works commonly protected by this law include paintings, sculptures, and drawings. Many countries practice copyright over a period of the author’s lifespan and not a minimum of 50 years (Valenzi, 2012, 760). The owner has the right to reproduce, prepare, distribute, display, and perform other derivative works related with the invention. There are several proposals that most countries have been making on behalf of the artistic copyright overs for enhancing effectiveness in which copyright laws are enforced. The aspects of these improvements include effective border controls, methods of seeking more public resources for investigation and prosecutions of any infringement activities. Trademarks Trademarks aim at protecting the names and identifying the marks within the products. This method is important especially in markets where there are alternative products or many counterfeits products, as a result, trademarks mainly assist the consumers identify the right product. In most cases, most people inventors assume trademarks they are into the market using TM even without registration with relevant government agency. Trademarks play an important role of distinguishing the product from others and individuate a product with a producer (Palmer, 2006, 280). The governments should ensure that trademark laws are enforced in order to protect the artists especially those in the painting and music production sectors. Unlike other methods of intellectual property rights, trademark method is unlimited and the owner could indefinitely renew them at any time. Trade dress In relation to intellectual property laws, trade dress is a legal that generally describe the visual appearance of any product produced by artistic work. Such method offers a product identity among the consumers especially those purchasing various art works. Moreover, the method takes into consideration the physical appearance of the product and the manner in which it is packaged, labelled, and promoted (MacNeill, 2012, 172). Intellectual property law relating to trade dress might arise when similar products share almost all physical features and there is need to differentiate them on behalf of the consumers. This method plays a significant role in addressing issues relating infringement within the art industry. Just like other intellectual property rights, the law of unfair competition controls the trade dress. In order to claim a trade dress, the artists must have the ability of demonstrating distinctiveness in the appearance of their products. Comparison of intellectual property right laws between craftspeople and music sectors Considering the fact that both music and craftspeople sectors are within the art industry, management of infringement and protection of the artist desire are similar. Although, the music industry is becoming unprofitable with the evolution of technology making control measures almost impossible. In developing countries, music industries are performing the poorest due to inadequate laws governing the copyrights of music. People are continuously downloading music from the numerously existing free website platforms without noticing that such activities are killing similar industries that they love. Within the music industry, intellectual property rights plays an important role in providing the foundation upon which various artists share innovations and creativity, thus reinforcing consumers trusts (Manfredi, 2012, 120). In the digital error, the major problem that is making intellectual property rights almost impossible is how to establish the balance when the consumer is the creator, when the marginal cost of pirating is at zero, and when it is very difficult to enforce the existing laws. With all the digital piracies taking place, the music industry is on the forefront especially among the peers. Through ensuring that every artists is registered for the copyright license, valuing of the industry might be easier. However, some artists are also evading such practices, which are also contributing, to deteriorating performance of the industry. The growth of internet consumption and manner in which people listen to music is the major contributor of failures within the industry since most people opt for downloading the song rather than purchasing the songs (Fluger, 2010, 1015). Through piracy, people are also practicing in selling, editing, and re-casing the music contrary to the laws related to intellectual property rights. Advantages and disadvantages of intellectual property rights in music industry Copyrights is automatic Laws relating to IPRs allow artists to own their idea since it disallows other from taking advantage of the product without the consent of the creator. Unfortunately, these laws do not protect ideas of the artists but the form in which they are expressed. Moreover, copyrights apply to artistic work automatically irrespective of whether adequate legal step have been taken. However, patents and trademarks must be registered with relevant IPRs department (Anon, 2014, 1001). Plagiarism and duplication In some cases, a copyright might apply to a second party if he/she deliberately attempts to exploit the intellectual property of another. However, it does not apply to simple duplication as it might be considered coincidental. Generally, copyrights do not apply to the names; hence, infringement to some extent could be viewed coincidental (Adams, 2005, 125). Although album titles do not automatically become a copyright, there is a possibility of applying for trademarks. Infringement of copyright Where an artist thinks that there have been some infringements, it is his/her responsibility to prove the incidence. Nevertheless, proving the originality might be a challenge especially if the IPRs are not secured through patent or trademark registration process (Day, 2011, 452). Furthermore, securing a patent or trade dress might not protect against other superficial designs. Copyright ownership Copyrights play an important role in protecting free use of artistic works, which to people might be an advantage. In music industries, it is possible to own a copyright through obtaining contractual economic rights over an intellectual property (Hoffman, 2008, 45). In such cases, reproduction of the work is managed for financial benefits of the involved third party but not the original creator. Implications of intellectual property in the music industry Piracy is one of the illegal activities experienced in many countries since the vice allow people to access any file and tamper with it thus undervaluing the quality of the product. Music is an important part of every community globally. As a result, through intellectual property, countries have been able to enact laws protecting the musicians from pirate activities. Besides the music, intellectual property has been able to protect the artists by ensuring they register their trademarks and copyrights to prevent infringement of their innovations (Adams, 2005, 320). Issues relating to piracy are not only a factor that is affecting the music sector, but also the intellectual property rights. Illegal activities within the industry is the cause of decline in the number of CD sales within many countries as most people prefer downloading songs from free internet sources leading to losses and poor performance of the sector. To some extent, some artists are forced to sell their songs online free in order to advertise their songs. The market is becoming more competitive that the protection the culture based goods as an important part of national cultural heritage (The Committee on Art Law of the Association of the Bar of the City of New York, 1986, 35). This is quite important in the developing countries where both the craft and visual arts sectors have the capacity of improving the level of sustainable development, employment creation, and poverty reduction. The government and civil societies within the developing countries play a crucial in ensuring protection of the interests of the artisans and craft entrepreneurs against the rising unfair competition (Film Australia and Holding Redlich, 2008, 152). Through the efforts of both International Trade Centre and World Intellectual Property Organization (WTPO), countries have been able to develop laws that protect the craftspeople and artists with no ability of protecting themselves from continued unscrupulous imitation of their creations. It is crucial to encourage the artists to register with the intellectual property rights as an individual or group of people. Through effective intellectual property rights, most governments have been able to revive the music sectors and improve on the revenue collection. Moreover, most people especially those with talents of recording songs have also joined the music industry considering the level of underlying security measures (Gordon, 1986, 85). Contrary to the initial weak lows protecting the industry, government has been able to collaborate beyond the borders to protect musicians at all levels. Problems associated with intellectual property rights and craftsperson sector The protection of IPRs is becoming contentious issue within the global commerce. There have been many disputes dominating IPRs sector not only in relation to trade, but also among various nations. Even though several laws relating to IPRs have been enhanced in many countries, those responsible for infringement and piracy issues have been able to device new methods of reproducing almost similar products as the original ones to confuse the consumers (Yeoh, 2012, 232). Nevertheless, the major problem associated with IPRs within the sector is that it does offer a clear method of protecting the artists and in cases where the original creator is not able to prove an act of infringement, and then the culprit goes away with the crime. Moreover, the laws should compel the artists to register with the relevant IPRs office in order to secure his/her patent and trademark rights. Conclusion With the trading market increasingly becoming liberal and deregulated, the current trading systems are allowing the free flow of goods and services making the business environment become highly competitive for innovators of all the crafts and visual arts products. Since the consumers have choices to make, innovators within the field of art like the artisans, visual artists, craft entrepreneurs, and intermediaries dealing in these products have the responsibility of striving to improve the quality of their products in order to create a positive brand identity. The reality that exists within the artistic profession is that the market is customer-centered, hence, for the crafts and visual sectors, challenges from the market originate from several dimensions. However, the strengths of the artists lie within their creativity and artisanship, which gives their outputs a differentiated traditional and symbolic flavor that in turn arouses the interest and marching the requirements of the customers. Even with such background advantage, the problem of retaining the consumers is quite a daunting task among the artist especially in the markets considered to be crowded with alternative choices available for the consumers. References Adams, S. 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