April 16, 2008

Who Owns Intellectual Property?

Jim Heskett of the Harvard Business School asks… Who Owns Intellectual Property?

He continues with the following supplementary questions:

“More generally, are views of ownership of intellectual property changing? If so, how will it affect the way intellectual property is valued for financial purposes? Are laws worldwide regarding intellectual property out of date? What do you think?”

In raising these questions, Professor Heskett cites the following qualities of the modern world that necessitate a discussion on Intellectual Property:

“Turning to the Internet itself, and particularly to content-sharing sites, the matter of ownership is challenged in a different way. Content produced by news media as well as individuals acting as professionals or amateurs is being copied, spliced, and represented essentially as something so new and unique that it is often downloaded by hundreds of thousands of viewers who might not have watched the original material. Who owns the result? Does anyone owe others for the use of the content? If so, how much and for what share? Or has the culture of "free" become so deeply imbedded in the minds of a new generation of users that content developers can only hope for partial, occasional, or eventual financial rewards for their efforts?”

He continues…

“This brings to mind some aspects of the way that the Internet facilitates cooperation in the generation of intellectual capital ranging from new product development to research. It helps explain why the Gen Xers we discussed several months ago find it quite natural to work in teams, either in face-to-face contact or online. In some cases, it is producing remarkable results. But whose work is it? Who owns the result?”

Without a doubt Professor Heskett’s questions are legitimate and timely, and are not easily resolved. Much is riding on the outcome.

Perhaps a more encompassing question is:

How does society balance the rights of “root” creators while still unleashing the breathtaking power of the creative cross-pollination of ideas through universal access and use?

http://hbswk.hbs.edu/item/5909.html

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