Share
Explore BrainMass

Works of Art and Intellectual Property Rights

A few years ago, you took an on-line creative writing class and wrote a poem to fulfill one of the class assignments. A portion of the assignment required that you post your poem to the discussion board so that your student colleagues could critique it. One year later, you are thumbing through your favorite Poetry Anthology Journal, and you realize that the poem you are reading is familiar; in fact, it is your poem from the creative writing class. You are trying to remember if you took your instructor's advice on copyrighting the poem.

Prepare an analysis to find out if you have a legal case or any recourse regarding intellectual property law.

Answer the following questions in the case: What kind of intellectual property is a poem?
What is copyright infringement?
What acts apply to copyright infringement?
How does the Fair Use Doctrine apply to copyrights?
Add another observation about intellectual property that applies to your analysis

Solution Preview

On kinds of Intellectual Property
According to Devine (2011), Intellectual Property are of four kinds -- copyrights, patents, trade secrets, and trademarks. The same source mentioned that copyright is a form in intellectual property that protects the original authors of both published and unpublished creations.

Based on this premise, we can positively say that a poem is of copyrights property.

On Copyright infringement
Copyright infringement is made when one claims or possesses the work of somebody else as his/her own.

What acts apply to copyright infringement?
"Copyright infringement can occur even if ...

Solution Summary

This solution discusses the kinds of intellectual property, copyrights property infringement, and Fair Use Doctrine,

$2.19