"Real property refers to land; things under the land, such as oil and minerals; and things solidly attached to the land, such as buildings and trees. At law, property is a legally protected expectation of being able to use a thing for one's advantage." "Intellectual property is created by intellectual effort, not by physical labor." (Meiners, et'al 2006) The following will address questions about Intellectual and Real property as well as outline two cases, one about copyright infringement, and one on property rights.
Why is the title to real property permanent whereas some intellectual property is limited in the time that it is protected? "Article I, Section 8, authorizes
Congress "To promote the Progress of Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive Right to their respective Writings
and Discoveries." " ( Meiners, et'al 2006) Also limits to intellectual property are in place due to the fact that the person who owns the property could pass away, and although their name may continue to be associated with that property they are no longer alive to collect benefits from it. Titles to real property are permanent because the land can be transferred from one owner to another.
Owning real property does not mean that all rights are protected. Show two examples of where rights are limited in the ownership of land or personal property. Two examples of how ownership is limited over land are; one, when the government of a city, state or federal requires the property for public use, and two when there are environmental issues. For example, lets say that the property that a person owns is home to an endangered species that lives in a certain tree on that property. The owner cannot cut down those trees because they are home to an endangered species. As for the public use, if a property is condemned for health reasons and confiscated for use in a government development project ownership in the land becomes void.
What is the difference between copyrights, trademarks, and patents? Trademarks are usual for the protection of symbols or marks or names that make a product known to the public, for example, everyone knows that Nike is a name brand for athletic shoes, there for it is trademarked. Copyrights deal more with literary works or written documents, philosophies, and ideas; such as books and poetry, and in business standards and practices. Patents are for inventions and ideas for inventions, such as the telephone, was patented by Alexander Graham Bell who invented the first telephone, and Edison who invented the electric light bulb
How do servitudes and easements get put into place? Servitudes and easements get put into place like a deed on an estate usually part of a deed to the property which will allow certain persons access to the property to use or get something from that property or keep the owner from being able to do certain things on there property.
How can they be protected? They can be protected by attaching them to the title or deed to the property
Why are they important? They are important because they allow certain people access to lands they otherwise would not have. For example if a busted pipeline that supplies water to the whole area happens to be busted on a persons land, the water and sewage company has the right to go onto the property to fix it.
In the first case I briefed was Perfect 10 v. Google internet search engine. Perfect 10 was suing Google for copyright infringements. Stating that Google's image search engine posted thumb nail shots from their website and also posted links to the site; this violated copyright issues due to the fact that it allowed non members to view images and save images that were copyrighted. The judge found in favor of Perfect 10 citing that Google had indeed infringed upon Perfect 10's copyright. They were ordered to take down the images and the case is in appeal. This case took place in California's superior court. The jurisdiction in the case is unknown.
The second case I briefed involved a real property dispute. In Connecticut, the government had plans for a development project to improve the city. They had bought most of the properties yet some refused to sale. There for the city condemned the properties and confiscated them for Public Use. The owners of the land sued the City for taking their land. The judge ruled in favor of the city finding that they were acting in the scope of the public use statute as this land was to be used for a development project that would benefit the whole community and not just one section of it. The decision was appealed and upheld in the district court of appeals. The case was in litigation from Feb 2005 to Dec. 2005.
Both cases deal in property, one in real and the other in intellectual property. They both are protected under the law and have statutes set up for their protection. The questions explain how the law is applied and refers back to the two examples of the cases I have outlined.
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