What Is Intellectual Property Theft And How Is It Prosecuted?
Intellectual property theft has grown exponentially because of the availability of protected materials on the internet. The problem is magnified because of the widespread distribution of materials by agents located in countries that don't enforce international intellectual property laws.
However widespread the problem has become, intellectual property law is not a new concept. During colonial times, book publishers in England sought legal action against those in the united States for printing and selling books to which they owned the rights. There were other more recent cases before the internet explosion that began the ascent of the intellectual property lawyer.
What is intellectual property?
Intellectual property is a non-tangible creation. The laws that protect different kinds of creations include:
- Copyright law. This protects against the copy or distribution of music, movies, books, paintings, or any other artistic or literary work.
- Patent law. Product designs are patented to prevent anyone but the inventor or designer from producing the product without permission.
- Trademarks. Familiar logos and designs associated with a product cannot be used by another company to promote their product or deceive consumers.
If any of these laws are violated, an intellectual property lawyer will pursue damages for the property owner and obtain and order foe the offender to cease and desist their violation. The owner of the property may be entitled to any profits made as well as punitive damages.
While my bank account gently weeps—the case against George Harrison.
After the breakup of the Beatles, George Harrison embarked on a solo career that began with a best selling album and a number one single entitled "My Sweet Lord." The song was written as a message of peace and tolerance among different religions. Unfortunately, it didn't bring peace to it's creator. The song copied many elements of the song "He's So Fine" recorded years earlier by a group called the Chiffons.
The owners of the older song filed a copyright suit against George Harrison. He admitted in court that he was aware of the song but didn't intend to plagiarize (copy without permission). Both sides in the litigation produced music experts that dissected the two songs for similarities and differences.
The presiding judge ruled that Harrison had unconsciously plagiarized the original song. He was ordered to pay the original song's owners nearly 1.5 million dollars. Because of improprieties by Harrison's manager and the copyright owner, the settlement was reduced by nearly half the amount. However, the case was not fully settled until 1998, which meant that intellectual property lawyers received 27 years of practice to prepare them for the onslaught of litigation that the internet would soon produce.
Intellectual property theft is serious and can cause you more grief than instant gratification. Talk to an intellectual property lawyer like Adrienne Naumann for more information.
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