Abuses of Intellectual Property in Design Essay

Introduction

The society has come to realize that it is important to protect intellectual property as a way of promoting creativity and innovation. The world is changing rapidly due to changes that are taking place in various fields, especially in the field of technology. People are coming up with new ideas that are very creative and meant to change the face of the world in a positive manner. This kind of creativity has resulted in development in various fields of economy. However, some unscrupulous individual have perfected the art of copying creative minds of others works, and claiming ownership to them. One of the most affected areas where abuse of intellectual property is common is in the field of graphic design. Graphic designers are some of the most creative people who always strive to come up with unique ways of presenting a common thing. Graphic designers always spend a lot of time trying to develop a new item meant to offer superior benefit to the users. However, Aufderheide and Jaszi note that abuse of intellectual property has affected these designers.¹ They take time to develop a new design only for it to be copied by other individuals who are interested in quick gain without any strain. This means that the artist who took time to develop the design rarely benefit from this venture. This kills the spirit of artistry, as the concerned individuals do not benefit from their effort. It means that there is need to develop laws that would govern intellectual property in this country as a way of promoting creativity and innovation in the market.

Abuses of Intellectual Property in Graphic Design

In the field of design, graphic designers have been worst affected by intellectual property abuse. It takes a lot of time and effort to come up with new designs. In order to come up with new pictorials, graphic, or sculptural works, it requires these graphic designers to spend a lot of time and dedicate a lot concentration in order to come up with a successful product.² However, some people would try to copy such designs as soon as they come into the market. There are instances where these unscrupulous people would claim ownership of these products despite knowing that they copied them from the original designers. In such cases, the designers do not get to benefit from their artwork. There should be strict laws specifically designed to protect graphic designers, especially in the field of fashion. According to Kur, the law of this country has been so silent on intellectual property rights in the field of fashion and design.³ The scholar notes that there are instances where one would develop a new design only for it to be copied by other stronger forces in the market who have the capacity to make mass production within a short while. In such instances, the person with the original idea fails to benefit from his or her hard work.

According to the research by Kur, United States remains one of the countries with the best laws that protect intellectual property.⁴ This scholar says that China is by far, the worst country other than the third world countries when it comes to protection of intellectual property. Copying graphic designs seems to be something very normal in this country. In the United States, the law is very strict on the need to protect creative minds. However, this move has failed to protect the interest of many designers who still suffer from constant abuse of intellectual property rights. Although fashion and graphic design remains the worst affected areas, other sectors have not been spared either. Some of these cases are always brought before the law. However, most of them fail to be noticed, and the culprits get to reap from efforts of others. This has discouraged a number of designers and other artists from exploring in other areas.

Abusing intellectual property is one of the worst offences against creativity and innovation. As Kur notes, the difference between an individual who steals intellectual property of the other, and one who uses a gun to rob others of their property is limited.⁵ Both are criminals who do not want to work hard, but are focused on benefiting out of the hard work of others. In both cases, the original owner of the property will not get the real benefits of the effort put to come up with a new item. The benefit goes to other individuals who made no effort at all in developing the product.

Consequences of Abuse of Intellectual Property in Graphic Design

It is clear from the discussion above that abuse of intellectual property is something that is common in this country. This practice has some consequences that should be mitigated upon if the society expects to develop. One of the main consequence of abuse of intellectual property is the negative impact it has on creativity. According to Anderman (45), the current developments experienced in the field of technology, fashion and design, real estate, banking, tourism, hospitality, agriculture, electronics, transport, and many other fields are because of creativity.⁶ This scholar says that some individuals sat down and realized that transport can be made easier by using planes. These creative minds need protection in order to ensure that they see the benefits of their creativity. This will not only make them become more creative in their thinking, but it will also encourage others to think in the same line in order to share the same benefits. However, when they realize that their creativity do not award them any benefit, they would get discouraged, and this may slow growth and development in various fields.

Abuse of intellectual property affects quality of products that is presented to the market. According to Anderman, when an individual conceptualizes and then produces a given product, it is important to appreciate the fact the originator of the idea has the capacity to develop the product as per the right specifications. However, when a third party is allowed to mimic the original product, they may lack the concept that the originator had when developing the product. This means that the final product that will be developed by the third parties would be substandard in quality.

Abuse of intellectual property brings confusion in the market. Consumers are entitled to know what a product offers, and factors that make products from a certain firm or individuals differ from that of another. This way, the consumer is able to determine which product offers superior value. However, when intellectual property is abused, numerous identical products will be introduced in the market, most of which are duplicates of the original product. It becomes difficult to determine products, which are genuine, and those that are copycats. Subjecting customers to such a confusing environment denies them ability to select products that meet their needs in the best way possible.

Benefits of Having Laws Protecting Intellectual Property

According to Aufderheide and Jaszi, Microsoft Corporations has managed to achieve maximum success because of the existence of laws that have protected ideas created by its engineers.⁷ This firm has been able to develop new products, and new designs of the existing products that have helped it attract a pool of loyal customers. These laws still protect this firm even today, and this has helped it expand its operations even further. Laws protecting intellectual rights, especially in the field of design, are very essential in various ways.

One of the benefits of having laws protecting intellectual property is that it enables individual graphic designers to protect their creativity. As Anderman says, a graphic designer would want a scenario where his or her creation of mind is respected as a personal property that should generate some income. Designers will be encouraged to develop new better designs in various fields.⁸ This would help in creating a competitive environment for designers and other people with creative minds. This law will stimulate growth in this field. This is because other designers will realize that there is a benefit in developing new ideas in the market.

This law will help create sanity in the market, and respect among firms or individual artists. For instance, it has remained difficult for customers to differentiate some products in the market. Samsung is one of the leading phone brands in the electronics industry that has managed to attract a large pool of loyal customers. However, there are some firms, especially in China, which have perfected the art of producing similar products in the market. These duplicate products have the same design, name, logo, and all the basic features of an original Samsung. The consumers would be misled into buying such duplicates, thinking that they are buying the original brand. This goes against the principle of fair practice in the market. Consumers should not be confused into purchasing items, which are not the actual desired products. This law will be coming to protect the public from any deceits from these fraudsters. To the business society, the law will serve to create a peaceful coexistence between firms. Every business unit will know that it is wrong to steal an idea of the other firm. They will also know some of the consequences associated with such actions once law proscribes them. The law will therefore, avoid any direct confrontation between individuals or business entities on issues regarding intellectual property. This will bring a positive environment where business units will be able to co-exist peacefully.

This law will help define the role of government on protection of intellectual rights in all the fields. In the fashion and design industry, players have complained that lack of clear laws has created an environment where some stakeholders act with impunity. Some stakeholders would steal ideas from the originators and even be the first to present it to the market. This is attributed to lack of clear laws that define how intellectual property in this industry should be protected, and the role of the government in this. The law will clear all the ambiguities that currently exist. The role of the government will be clearly spelt, and this will help in eliminating abuses of intellectual property.

Demerits of Copyright Laws

Stakeholders have generally agreed that there is need to develop copyright laws that would protect the interest of different people, including the public. However, Kur says that these copyright laws also have their demerits that have been ignored for a long time.⁹ In order to ensure that copyright laws are developed to bring positive change in creativity and innovation, it is important to understand some of the challenges that exist on the current laws, and how some players have abused this weakness.

Some firms have used copyright laws to create monopoly in the market. According to Patterson and Lindberg, Microsoft has used copyright laws to create an environment where there are no firms directly challenging its products.¹⁰ This firm has dominated computer software industry for a very long time. It is true that it is necessary to protect the creative ideas of firms and individuals in the market. However, the protection should not come at a cost to other creative minds. Microsoft has been accused of using the courts to fight any firm that attempts to develop products similar to its current products. In most cases, Microsoft would win such cases, forcing the smaller firms to pay huge fines that would subsequently force them out of the market. This has created a general fear among players in this industry. They cannot exercise their creativity by developing alternatives because the firm will always find a reason to claim that its intellectual property right has been infringed upon. This has helped it remain dominant in this industry, killing the healthy competition that would have existed if other stronger firms were to be allowed into the industry.

Some firms have taken excuse of these laws to force their competitors out of the market or to make them pay huge sums of money claiming infringement of their rights. As mentioned above, Apple and Samsung have engaged in a long legal battle over infringement of intellectual rights. As Patterson and Lindberg say, if Samsung wins a case against Apple, Apple would find a reason to take Samsung back to court.¹¹ If Apple wins, Samsung would seek revenge in the same courts. This creates a negative competitive environment where these rivals spend more time in courts than on developing creative products in the market. These prolonged legal battles do not only force these firms to spend a lot in courts, but also consumes much of their time that would be used in other development oriented projects.

Some of these laws inhibit creativity and innovation instead of developing it. These laws are meant to create an environment where creative minds can develop better products freely, while being assured that they will benefit from their creativity. However, some of these laws are designed to discourage this creativity. As Kur notes, some designers would use this law to fight close substitutes.¹² This means that although this law has been considered as being important in promoting creativity, it also has some consequences that make it undesirable in some contexts.

The Way Foreword

The field of graphic design has experienced massive changes due to technological developments. Graphic designers are constantly coming up with new designs meant to offer more satisfaction to users. The current market forces needs creativity and innovation in order to come up with products that best meet the needs of consumers. This research has demonstrated that there is need to protect these creative minds, especially in the field of graphic design. Graphic designers need a law that would guide their work. The law should clearly spell what is considered as an infringement of intellectual right. This law should be practiced universally in this country. As Mazzone (57), huge steps have been made in an effort to ensure that intellectual rights of different artists are protected.¹³ The country has developed laws that help define how different copyrights are protected by the law. However, a lot more should be done to seal some of the loopholes that still exist. Some graphic designers still feel that government has not developed laws that would fully protect their rights in the market. The government is still silent on some issues regarding protection of some of the new inventions in this field. This has created an opening through which some players can abuse others rights.

In defining the way forward, there is need for the government to understand that the only way it can promote creativity within various industries is by developing laws and regulations that would protect intellectual rights. However, it is important to ensure that this law is not meant to protect interests of a few individuals or companies at the expense of others. Microsoft has always been accused of using intellectual property law to benefit itself by fighting off competitors. The firm has managed to remain the leading firm in this industry because of these laws. Cases have existed before where this firm would accuse other emerging competitors of copyright infringement. The law of this land always favors the powerful. This should be changed. The law should protect anyone with creative mind and capacity to develop a new product in the market. Copyright protection should be governed by legislation to make it more powerful. All the stakeholders should develop goodwill and trust when dealing with copyright issues. This means that they should claim their right with a sense of responsibility. At no time should a firm or an individual falsely claim of infringement as a way of fighting competition.

Conclusion

Abuse of intellectual property rights has been common in the United States and many other nations across the world. The abuse of intellectual property has not only affected individual artists and their companies, but also the market. While individuals and firms claim of lost revenues out of such fraudulent acts, the market will get confused when it is presented with products of similar features, which claim to offer the same value. There is need to find a lasting solution on the issue of copyright management in the form of a legislation. When developing these laws, it would be import to embrace fair business practices.

Bibliography

Anderman, Steven. The Interface between Intellectual Property Rights and Competition Policy. Cambridge: Cambridge University Press, 2007.

Aufderheide, Patricia, and Jaszi Peter. Reclaiming Fair Use: How to Put Balance Back in Copyright. Chicago: The University of Chicago Press, 2011.

Kur, Annette. Intellectual Property Rights in a Fair World Trade System: Proposals for Reform of Trips. Cheltenham: Edward Elgar Publishers, 2011.

Mazzone, Jason. Copyfraud and Other Abuses of Intellectual Property Law. Stanford: Stanford Law Books, an imprint of Stanford University Press, 2011.

Patterson, Lilian, and Lindberg Stanley. The Nature of Copyright: A Law of Users’ Rights. Athens: University of Georgia Press, 1991.

Triggs, Teal. Designing Graphic Design History. Journal of Design History, 22.4 (2009): 325-340.

Footnotes

1. Patricia Aufderheide, and Peter Jaszi, Reclaiming Fair Use: How to Put Balance Back in Copyright, (Chicago: The University of Chicago Press, 2011), 72.
2. Triggs, Teal. Designing Graphic Design History. Journal of Design History, 22.4 (2009): 325-340.
3. Annette Kur, Intellectual Property Rights in a Fair World Trade System: Proposals for Reform of Trips, (Cheltenham: Edward Elgar Publishers, 2011), 89. Ibid, 121.
4. Ibid, 132.
5. Annette Kur, Intellectual Property Rights in a Fair World Trade System: Proposals for Reform of Trips, (Cheltenham: Edward Elgar Publishers, 2011), 56.
6. Steven Anderman, The Interface between Intellectual Property Rights and Competition Policy, (Cambridge: Cambridge University Press, 2007), 82. Ibid, 112.
7. Patricia Aufderheide, and Peter Jaszi, Reclaiming Fair Use: How to Put Balance Back in Copyright, (Chicago: The University of Chicago Press, 2011), 93.
8. Steven Anderman, The Interface between Intellectual Property Rights and Competition Policy, (Cambridge: Cambridge University Press, 2007), 110.
9. Annette Kur, Intellectual Property Rights in a Fair World Trade System: Proposals for Reform of Trips, (Cheltenham: Edward Elgar Publishers, 2011), 89.
10. Lilian Patterson, and Stanley Lindberg, The Nature of Copyright: A Law of Users’ Rights, (Athens: University of Georgia Press, 1991), 48.
11. Lilian Patterson, and Stanley Lindberg, The Nature of Copyright: A Law of Users’ Rights, (Athens: University of Georgia Press, 1991), 67.
12. Annette Kur, Intellectual Property Rights in a Fair World Trade System: Proposals for Reform of Trips, (Cheltenham: Edward Elgar Publishers, 2011), 114.
13. Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law, (Stanford: Stanford Law Books, an imprint of Stanford University Press, 2011), 57.