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Do scholars own their ideas?

By Lawrence B. Ebert, Esq.

Brian Fisher on admissionsquest writes in the context of Hegemann's ?Axolotl Roadkill":

A stronger, more viable concept [than authenticity], we see originality practiced and protected every day. Scholars, authors, film makers artists, scientists, and engineers produce original ideas every day. They own their ideas and, culturally and legally, we grant them exclusive rights to their creations from which they can earn income. In short, copyright and patent protection.

Present, or use, a thought process that?s not your own, and you must inform your audience. Passing someone else?s work off as your own- on the simplest level- makes you dishonest and unreliable. Appropriate some else?s ideas or material into a product from which you profit. That?s theft.

IPBiz notes that, in the world of patents, we grant the patentee the right to exclude others from making, using, or selling, the thing (or the method). Patent law does not grant ownership rights in the idea. Patents do make ideas public, which process fosters progress.

Patent infringement is a strict liability offense. Infringement does not require that the infringer know of the patent. Patent infringement is not punished under criminal law.

Plagiarism, which is copying without attribution, whether or not one profits, is a distinct matter from copyright or patent infringement. Joe Biden got snagged while at Syracuse Law School. Laurence Tribe got snagged at Harvard. Glenn Poshard got caught on his Ph.D. thesis. They are all still around.

Full post as published by IPBiz on March 05, 2010 (boomark / email).