Ethics of Intellectual Property (IP)

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?)

• Not always the same
• Ethics - various ethical systems - possible disagreements
• Law - different jurisdiction - changes over time

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)

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

Rights, violations (e.g. plagiarism - which is in 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]

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

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

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

• If so, you can sell either or both.
• If not, we need to look further.