Week 9 Reflection - IP and Copyright

Key points

Ø  Generally, Intellectual Property is giving protection over creations of the mind and giving creators rights over their work from being exploited.

Ø  Under IP, there are two branches: Industrial Property and Copyright.

o   Industrial Property refers to creators of new ideas or inventions as new solutions to technical problems in industries, and in order for the new ideas to be used by the public, authorization should be granted first and foremost by the creator.

o   Copyright “relates to artistic creations, such as books, music, paintings and sculptures, films and technology-based works such as computer programs and electronic databases. Generally” (WIPO, 1). Copyright is known as the right of the author over his artistic work that he himself can only give. For example, reproduction of work, authorization has to be granted first.

§  In some countries, the concept of fair use or fair dealing exists.  “This allows use of works without the authorization of the rights owner, taking into account factors such as the nature and purpose of the use, including whether it is for commercial purposes; the nature of the work used; the amount of the work used in relation to the work as a whole; and the likely effect of the use on the potential commercial value of the work” (WIPO, 1).

Ø  Every country has its own Copyright laws, and there may differences from country to country, and that we need to know.

My reflection

Copyright in the academic arena is becoming an issue in that our students are repeatedly plagiarizing despite being told and informed not to for they will be penalized heavily. Yes, we tell our students: do not plagiarise; ensure that the author(s) are acknowledged; use the proper in-text methods to avoid copying; yet our students do not seem to grasp this. I am sure our students are bright thus one wonders what the problem could be.  I believe students understood very well what it means by Copyright; they know they should acknowledge the use of other people’s works, but the problem, I believe lies within the ‘how’ of the Copyright: how to properly and correctly use quotes, rephrase and paraphrase, and in-text referencing and citations.  Therefore, instead of telling our students to avoid plagiarism; we need to seriously start training them not to. For example, have a unit in your course dedicated to IP and Copyright with which learners can be taught the skills of referencing proper. At the institution level, all courses can be mandated to do this. At the national level, a component of IP and Copyright can be included in all sectors of education. I think this is something that we online facilitators have to be serious about.  

Given the rise in the concept of IP and Copyright, I think our students needed to be taught right from the beginning of their education journey to give them practice to acquire the relevant skills well, and people with authorities at educational institutions and ministries may incorporate the concept of IP and Copyright in the school curricula. What you guys think?

Another possible reason as to why our students may not comprehend the concept of IP and Copyright well is due to the fact that the concept is foreign in the Pacific countries. In most of the Pacific countries, creations, new ideas and inventions are known as indigenous knowledge and are meant to be shared for the welfare of everyone. For example, a new recipe is shared to other women if the creator was prompted; the same goes for medicinal methods. Everything is of free use, no laws of anything attached to new ideas. On the contrary, when students enter the arena of tertiary institutions they are required to abide by the laws of copyright – something totally new to them. This, I believe calls for a lot of work and commitment on our part as online facilitators to assist learners become better equipped with the proper knowledge of how not to plagiarize.

IP and Copyright concentrates on industrial property and copyright (artistic works), what about traditional knowledge (TK). This may not relate to ED403 directly, but it something important that we have to think of for the future generations of your country. The importance of TK is evident as Rao (???) states below:

Traditional knowledge (TK) and traditional cultural expressions (or “expressions of folklore”)

(TCEs) are important elements of the cultural heritage and social and historical identity of

many local and indigenous communities, as well as many nations and regions with a shared

cultural history. They are increasingly recognized as key elements of the future well-being

and sustainable development, as well as the intellectual and cultural vitality, of those

communities and are often seen as part of the “common heritage of mankind” in the sense

that all humanity should share in their benefits.

TK and TCEs are, on the one hand, valuable cultural assets of the communities who maintain,

practice and develop them. On the other hand, they are also economic assets as they are

creations and innovations that can, if so wished, be traded or licensed for income-generation

and economic development. They may also serve as an inspiration to other creators and

innovators who can adapt them to derive new creations and innovations.

Visit the following links for more information.

http://www.wipo.int/freepublications/en/tk/933/wipo_pub_933.pdf on understanding Copyright and related rights;

http://www.wipo.int/freepublications/en/tk/1014/wipo_pub_1014.pdf on Traditional knowledge and indigenous people.

Enjoy reading!