Essay Writing Assignment Help – Privacy and Intellectual Property

Essay Writing Assignment Help – Privacy and Intellectual Property

Essay Writing Assignment Help – Privacy and Intellectual Property

Essay Writing Assignment Help

Assignment 11

Privacy and Intellectual Property

Lecture/Essay

Similar to other legal pairings, privacy and intellectual property at first glance may not seem like

similar legal situations. But especially from the supervisor’s involvement, they both have to do

with ownership. Who owns (can profit from, can control, con monitor, can make decisions about,

etc.) the employees ideas, work product, or professional contacts. The employer might “own”,

due to some sort of employment or non-compete contract, the employee’s right to do business

even after the employee has quit the job and moved out of town. Is there clear work time and

non-work time, e.g., lunch? Who owns the computer the employee uses, the software, the ISP

and routing, the phones, the break room, the bathrooms! What kind of control or oversight is

allowed? Generally, the employer can control and monitor anything they own. There are some

narrow exceptions. When it comes to privacy, telephones and taped surveillance, have more rules

(mostly because they have been around for a long time). Employers have more rights to monitor

computer use (mostly because the law has not caught up to their use). There is not a single or

major privacy law. Privacy issues are covered by many different state and Federal laws.

Privacy. Next to sexual harassment, privacy is one of the hottest workplace law topics. Often,

privacy disputes arise in conjunction with evaluation, termination, and other employment

actions. Unions sometimes complain about company "spying." Management sometimes

complains about employees leaking information and secrets. Many times employee surveillance

is used to prove or disprove accusations of harassment or discrimination. Surveillance is used to

deter employees, supervisors, and customers from improper actions but also to protect those

groups from baseless charges.

Historically, an employer could control much of an employee’s on- and off-duty behavior. It is

still true that unless otherwise restricted an employer can still control on- and off-duty behavior.

However, restrictions are increasing, in some states much more than others. In some states being

a smoker is a protected category; in other states an employer can fire you because you smoke off

duty. The extent an employer can tell you what to do or the types of behaviors that an employer

can use to make employment decisions about you is also dependent on your status, e.g., if you

are an exempt employee, a high level manager, or have a contract. As you learned in a previous

topic, higher level managers or executives can be let go with no justification. Even if the real

reason the executive is terminated is because the person is a Martian the board or higher

executive can claim, and has the right, to select whatever lower level executives they want.

Intellectual Property. Who owns your ideas, your creations, and your talents? What is work for

hire? Assume you work for a chemical manufacturer. You develop a new chemical. Do you own

that chemical; do you get the patent? Probably not; you were probably performing work for hire.

You work for a chemical manufacturer. You develop a new chemical at home. Do you own the

patent? You work for a chemical manufacturer. You write a chemical book at home. Do you own

the copyright?

Page 1 of 2

Can a company use your photo in advertisements? Your name is Bob. Can the company name

the chemical you invented "Boberol" without your permission? These are questions that deal

with intellectual property–the ideas, and their tangible results, that come out of your head. In

most cases, anything you come up with (that may qualify for a copyright, patent, or trademark),

whether you did it on your time at home or not, belongs to the company! Why? Let's investigate.

This area of the law is rapidly changing. There is a general trend for more things to be

considered private or off-limits to the employer. Privacy and ownership is intertwined with the

employer–employee relationship. To what extent can an employer tell an employee what to do?

To what extent are an employee’s thoughts and ideas the employees as compared to those things

being controlled by or owned by an employer?

View the Technology Commercialization PowerPoint presentation at the Course Documents area

and any other pertinent documents.

1. Specifically compare and contrast (a) what you and other people generally think should

be private, (b) what is supposed legally private, and (c) what is actually private (in that it

is not easily obtainable or controllable). For the (a) part you might have to include some

opinion or anecdotal evidence. But you also might be able to find research and references

about this.

2. Compare your state’s laws concerning privacy and/or intellectual property to Federal law.

3. Find a court case or a write up of a Federal court case that has to do privacy or

intellectual property. The case has to be US District or Supreme Court level. It could be a

case US court didn’t hear, e.g., because they let the lower court decision stand. Find a

case that focuses on (or is least applicable to) supervisors in industrial or technical

settings. Post a one page summary of the court case (one page - not one screen). Give the

source (book or journal bibliographic information, web address, etc.). Do summarize the

facts and the case that each side (plaintiff and defendant) makes. Do not give the verdict

in your initial post.

4. Four or five days after the initial post is due, post the verdict of the case.

1. Specifically compare and contrast (a) what you and other people generally think should

be private, (b) what is supposed legally private, and (c) what is actually private (in that it

is not easily obtainable or controllable). For the (a) part you might have to include some

opinion or anecdotal evidence. But you also might be able to find research and references

about this.

I believe that what I am doing in my personal time is private and no one should interfere

in that particular part or work, “Invasion of privacy laws prevent you from intruding on,

exposing private facts about, or falsely portraying someone” (Overview of Intellectual

Property Laws, 2015).If I am working somewhere, then whatever is being done in the

workplace is not private. Legally private is something that is owned by an individual and

every individual has a right of privacy. State privacy laws dictate that individuals should

not be disturbed and the information about them cannot be published or exploited

publicly. Privacy laws are different from the intellectual property laws (Overview of

Intellectual Property Laws, 2015). Private is something that is owned by the individual

legally and socially.

 

No Comments

Post a Reply