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.
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