Ethics of Intellectual Property (IP)

A Seminar

Henry E. Schaffer
Professor Emeritus of Genetics and Biomathematics
Coordinator of Special IT Projects & Faculty Collaboration/ITD
Interim Director Emeritus, LTS/DELTA
Senior Ethics Fellow

Jami Taylor
Junior Ethics Fellow

 

Assumption: You have read the module.

 

 

 

 

 

 

 

 

 

 

Property - an example

A person buys a piece of wood - simple ownership.

The person carves the wood into a statue - who owns it?

This is a complex question - requiring more information:

  • Where was the carving done?
  • Whose carving tools were used?
  • Whose design was used? (e.g. Micky Mouse?)

Ethics vs. Law

  • Not always the same
  • Ethics - various ethical systems - possible disagreements
  • Law - different jurisdiction - changes over time
The wood - is a tangible object - ownership is simple.

Bundle of rights - adds some complexity.

rights vs. ownership

the "rights" for a wood carving may be complex
- e.g., the owner of the shop/tools may have some rights to the completed carving

the design of the carving isn't tangible - we're into IP

can a design be owned?

  • ethics - natural rights vs. utilitarian - who should own what
    • depends on which ethical principles are applied
  • law - depends on which laws , e.g. where (US vs EU vs China)

Why would one care?

In the academic environment, the Intellectual Property is the interesting stuff!

Your thesis, your disoveries, publications, patents, copyrighted material, ... Those of other people.

Rights, violations (e.g. plagiarism is another module), enforcement, dispute resolution.)

Predominant principles in the US -
Locke, Young, Diderot, Fichte discussed and laid the basis

US Contitution adopted a Utilitarian approach - social costs vs. social benefits with an ownership based on Natural property rights:

Article I, Section. 8.

The Congress shall have Power ...
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
[emphasis added]

Basis for US copyright and patent laws.
"exclusive" rights - may have limitations
"limited Times" - may be very long

DISCUSSION - what about your IP?
Do you download music owned by others?
          download/copy Other IP?
Does this affect your ethical claims to your IP?

Classification of IP - important legally, perhaps not ethically

  • Copyright
  • Patents
  • Trademarks
  • Trade Secrets
Ownership provides a "bundle" of rights - positive and negative.

Contracts - Licenses
    E.g. my Copyright - see end
    (Licenses is a huge topic - consult an attorney

Violations
    who enforces?

Every university has regulations about ownership of IP

  • usually differs between faculty, staff, students, contractors
  • usually differs between types of work, esp. copyright vs. patent

Regulations at NCSU

Copyright Regulation - Copyright Implementation Pursuant to Copyright Use and Ownership Policy of the University of North Carolina REG 01.25.03
http://www.ncsu.edu/policies/governance_admin/gov_gen/REG01.25.3.php

Patent Procedures POL10.00.1
http://www.ncsu.edu/policies/research/POL10.00.1.php

Royalty Sharing under NCSU's Patent Policy And Procedures REG 10.00.3
http://www.ncsu.edu/policies/research/REG10.00.3.php

Donations of Intellectual Property to NC State University REG 10.00.1
http://www.ncsu.edu/policies/research/REG10.00.1.php

What about the Wood Carving?

Analyze ownership and rights taking all of the above into consideration.
You may own both the wood and the design.
  • If so, you can sell either or both.
  • If not, we need to look further.

http://www.ncsu.edu/it/open_source/ethIP.html

Copyright 2006 by Henry E. Schaffer     Comments and suggestions are welcome, and should go to hes@ncsu.edu
Last modified 4/4/2006