Reflection about Intellectual Property Rights
After listening to the three pieces of music, I think what both Michael Jackson and Rihanna did was infringement on intellectual property rights. The beat and tone is exactly the same as Manu Dibango’s creation. For creative material, in my opinion, it is also, or even more, important to protect the intellectual property rights since the designs are designers’ possession. However, I believe we cannot just simply consider visual designs using the same laws as copyright laws.
A copyright protects the physical expression of intellectual or artistic effort, not including the idea. For visual designs, the idea and information are the most important part we need to protect. For example, copying one single bar of the music may not be considered as infringement for copyright. When it happens in designs, it is totally different. One of the most famous shoes brands, Christian Louboutin, is specialized by its red sole. Since the red sole is just like a signal for people to think about this brand, it will become a tort action for other shoes brands to make red sole unless the shoe itself is red. Here we can see the differences between copyrights and visual designs protections.
Moreover, it would be more difficult to set detailed rules to protect the intellectual property rights for creative materials since the idea and message the brands are sending are invisible. Taobao is China’s biggest online retail shopping platform just like eBay in America. People can buy cheaper clothes in similar designs with famous brands. In other words, there are plenty of knockoffs here. When thinking about knockoffs, I think it is hard to define.
Just imagining there is a coat produced by seller X, which looks similar with Burberry coats. The differences between two coats include: number and position of pocket, materials, types of collar and color. If seller X saw Burberry coat before and designed his/her coat based on the Burberry coat, it...