Middle Technical University
Electrical Engineering Technical
College
Department of Cybersecurity Technology Engineering
(Ethics for the Information Age)
(2024 – 2025)
Chapter 4 : Intellectual Property
Created by:
Asst. Lec. Abbas Aqeel Kareem 1
Outline
• Introduction
• Concept of Intellectual Property
• Physical and Intellectual Property
• Main Categories of Intellectual Property
• Why Do We Protect Intellectual Property?
• Legal Protection Tools for Intellectual Property
• Fair Use
• Open Licenses and Open Source
Introduction
• In today’s digital era, creative content and intellectual materials have become
infinitely reproducible and easily shareable. With just a few clicks, anyone—
anywhere—can distribute a movie, software, song, or eBook within seconds, often
without considering the rights of the original creator. This seemingly simple and
harmless act raises a number of complex legal and ethical questions:
• Is copying and sharing digital content without permission considered a form of theft?
• How can we effectively protect intellectual ideas in an open and decentralized digital
environment?
• Who has the legitimate right to benefit from intellectual creations?
• We will examine the types of intellectual property, ethical foundations for its
protection, legal mechanisms, real-world case studies, and the emerging
challenges posed by technologies such as open-source systems and artificial
intelligence.
Concept of Intellectual Property
• Intellectual Property (IP): is a legal and moral right granted to
individuals who create or invent original artistic, literary, scientific, or
technological works.
• Unlike tangible property, which involves physical objects (such as
land, books, or cars), intellectual property deals with creations of the
mind. These creations may not have physical form, but they carry
economic, cultural, and moral value.
Physical and Intellectual Property
Physical Property Intellectual Property
Tangible and can be touched or held Intangible – refers to ideas, expressions
, designs
Transfer of ownership removes it from Can be copied without being lost by the
seller creator
Protected naturally through physical Requires legal protection through rights
presence and laws
Example Comparison:
Selling a car transfers possession from the seller to the buyer. The seller no longer owns or
uses the car.
Sharing a digital book (PDF) does not deprive the original owner of access. The content is
copied, not transferred.
Main Categories of Intellectual Property
1. Copyright: Protects original works of authorship such as books, music, films,
software code, and artistic expressions. It typically covers the expression of an
idea, but not the idea itself.
2. Patents: Protect inventions or technical innovations. A patent grants the
inventor an exclusive right to use, make, and sell the invention for a limited
period (usually 20 years).
3. Trademarks: Protect brand identifiers such as logos, slogans, names, and
distinctive symbols that distinguish one product or service from another.
4. Trade Secrets: Include confidential business information (like formulas,
methods, or strategies) that give a company a competitive advantage, such as the
Coca-Cola recipe.
Why Do We Protect Intellectual Property?
• The ethical basis for protecting intellectual property is not merely legal
it is rooted in long-standing philosophical theories about human effort,
societal benefit, and mutual agreements. Here we explore three primary
justifications:
• Natural Rights Theory : Every individual has a natural right to the
product of their own labor, both physical and intellectual.
• Utilitarian Theory : Protecting intellectual property stimulates
creativity and innovation, which leads to the greatest good for the
greatest number.
• Social Contract Theory : Intellectual property laws represent a mutual
agreement: society grants creators certain rights in exchange for public
access to knowledge under specific terms.
Legal Protection Tools for Intellectual Property
1. Copyright
• What it protects: Literary works (books, articles), artistic creations (music, films,
paintings), and software code.
• Duration of protection: Typically, copyright lasts for the lifetime of the author
plus 70 years (may vary slightly by country).
• No registration required (in some countries):In countries like the United States,
copyright protection is granted automatically upon the creation of the work.
Legal Protection Tools for Intellectual Property
2. Patents
• What it protects: Inventions and technical innovations such as a new drug
formula, a manufacturing process, or an algorithm.
• Duration of protection: Patents usually last for 20 years from the date of filing,
after which the invention enters the public domain.
• registration required (in some countries): A formal application, review process
by a patent office, and payment of fees.
Legal Protection Tools for Intellectual Property
3. Trademarks
• What it protects: Distinctive symbols, names, logos, slogans, or brand identifiers
that distinguish one product or service from others.
• Duration of protection: Trademarks can last indefinitely, as long as they are in
commercial use and properly renewed.
• registration : While unregistered trademarks may have some common-law
protection, official registration strengthens legal rights and allows for broader
enforcement.
Fair Use
• Fair Use: is a legal doctrine that allows limited use of copyrighted material
without obtaining permission from the rights holder under certain conditions.
• Four Key Factors Used to Determine Fair Use:
1. Purpose of Use: Is the use for educational, non-commercial, or critical purposes
(e.g., teaching, research, commentary)?
2. Nature of the Work: Is the original work factual or creative? Factual content
(e.g., news reports) is more likely to fall under fair use than highly creative
works (e.g., novels, music).
3. Amount and Substantiality: How much of the work is used? Using a small,
non-central portion is more acceptable than using large or essential parts.
4. Effect on the Market: Does the use harm the potential market for or value of
the original work? If it replaces the original or causes financial loss to the
creator, it is less likely to qualify as fair use.
Fair Use
• Fair Use: is a legal doctrine that allows limited use of copyrighted material
without obtaining permission from the rights holder under certain conditions.
• Four Key Factors Used to Determine Fair Use:
1. Purpose of Use: Is the use for educational, non-commercial, or critical purposes
(e.g., teaching, research, commentary)?
2. Nature of the Work: Is the original work factual or creative? Factual content
(e.g., news reports) is more likely to fall under fair use than highly creative
works (e.g., novels, music).
3. Amount and Substantiality: How much of the work is used? Using a small,
non-central portion is more acceptable than using large or essential parts.
4. Effect on the Market: Does the use harm the potential market for or value of
the original work? If it replaces the original or causes financial loss to the
creator, it is less likely to qualify as fair use.
Open Licenses and Open Source
• In contrast to traditional copyright systems that limit the use and distribution of
intellectual property, open licensing models allow creators to share their work
more freely while still retaining control over how it is used.
• Creative Commons (CC) Licenses: is a flexible licensing system that allows
authors to define how others may use their work. There are several types of CC
licenses, combining different conditions such as:
• Attribution (BY): You must credit the original creator.
• Non-Commercial (NC): You may not use the work for commercial purposes.
• No Derivatives (ND): You may not modify the original work.
• Share Alike (SA): If you modify the work, you must share it under the same
license.
• Example: A teacher may use a CC-licensed image in a presentation, as long as
they credit the source and follow the conditions (e.g., not editing or using it
commercially).
Open Licenses and Open Source
• Open source software: refers to programs that are released with a license
allowing:
1. Free use
2. Access to the source code
3. Permission to modify
4. Redistribution of the modified or original version
• Popular examples:
1. Linux (Operating system)
2. Python (Programming language)
Home work
Q1 : choose the correct answer for each of the following :
1. ________ is a legal and moral right granted to individuals who create or invent
original artistic, literary, scientific, or technological works.
a) Intellectual Property (IP)
b) Open source software
c) Fair Use
d) Physical Property
2. ________ Protects original works of authorship such as books, music, films, software
code, and artistic expressions.
a) Copyright
b) Patents
c) Trademarks
d) Trade Secrets
3. Protect inventions or technical innovations.
a) Copyright
b) Patents
c) Trademarks
d) Trade Secrets
Home work
Q1 : choose the correct answer for each of the following :
4. ________ is a legal doctrine that allows limited use of copyrighted material without obtaining
permission from the rights holder under certain conditions.
a) Intellectual Property (IP)
b) Open source software
c) Fair Use
d) Physical Property
5. ________ Protect brand identifiers such as logos, slogans, names, and distinctive symbols
that distinguish one product or service from another.
a) Copyright
b) Patents
c) Trademarks
d) Trade Secrets
6. _______ Include confidential business information that give a company a competitive
advantage, such as the Coca-Cola recipe.
a) Copyright
b) Patents
c) Trademarks
d) Trade Secrets
Home work
Q2 : Compare between physical and intellectual property.
Q3 : Explore three primary justifications to Protect Intellectual Property.
Q4 : What is the duration of protection for Copyright ?
Q5 : What is the key factors used to determine fair use?
Q6 : Explain with examples the concept of open source software.