James M. Collins
Instructor: Eli Reiter (Doctoral Candidate)
March 10, 2008
Today in America, we work hard every day trying to inch closer and closer to that Dream of realizing the fullness of the promise, which is Ownership. Ownership of properties is not only a dream but also literally a right of passage in America that symbolizes newfound stature and success. In our society, these symbols have come under fire by those who would seek to take that away called the “Plaintiff”. This new stature comes in many forms but today we will talk about two that are in the most jeopardy and require legal protections, in the form of either Real Property, or Intellectual Property. Real property (or realty) is a legal term for one of the two main classes of property in the common law, the other class being personal property (or personality). Although the precise definition of real property varies between jurisdictions, it usually encompasses land, rights over land and building or fixtures on land. Real property roughly, but not precisely, corresponds to the concept of immovable property in Civil law systems. Second is Intellectual property. Intellectual property (IP) is a legal term that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one of these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention, which is covered by it. The best and most common example of this type of property in America comes in the form of media, either music or movie entertainment.
Let us take a moment and talk about the issues surrounding both of these property types and why they require the protections of our legal system. We will start with Real...