Treating Intellectual Property as Real Property: Pros and Cons

To what extent should intellectual
property be treated like real property

Copyright has always protected creators from threats that can damage their careers.
According to Property Talk and the Revival of Blackstonian Copyright (Collins,2006), copyright
in America was originally not meant to be a “property right” as the public generally understands
property, but now the federal policy also granted a limited trade monopoly in exchange for
universal use and access. It means copyright is originally a law meant to protect the creators in
exchange for public usage. However, it is also analysed that without protection of ideas, business
as well as individuals did not use any items. This essay will focus on whether copyright and
intellectual property should be considered as a real or not. Further, study will also discuss its
impact upon the creators and society.
Intellectual property seeks to give innovators and creators the right to promote
technological innovation and expressive creativity. However, like real property, ideas could be
stolen from these creators and used to benefit themselves (Easterbrook, 1990, 113). Treating
intellectual property as real property should protect creator’s ideas from strangers to make their
products. For example, a creator might create artwork, under the patent act, then they must have
the right to treat the artwork as a form of personal property” and the Supreme Court
acknowledges them as such. And the Copyright law states that the ownership of a product may
be transferred if the creator wishes to do so and can be treated as personal property by the
successor (MENELL, 2007, p37). So if others try to use the artwork with the consent of creator,
they may face legal actions. In a patent case of 1845, the court states the only way to encourage
creators to persevere and create more work is to protect and treat intellectual property as it
belongs to creator (MENELL, 2007, p37). Furthermore, creators are useless unless they convey
the right to coordinate the development and standardize products. The intellectual property also
assist the product or asset from others and this in turn assist the creator to save time on
commercial products. As a result, they also focus on developing best quality of products by
following the standard criteria (Easterbrook, 1990, p112).
Creators need funding to have the incentive to create. Treating it as a real property help
supply the creators with funding through releasing their products and creations onto the market
(Shiffrin, 2008, p.96). By providing creators with protection, it limits the possibility of reprints
by other competitors. According to ‘Property Talk’ and the Revival of Blackstonian Copyright,
the author has a right to dispose the identical work that he deemed copied or unworthy as he

pleases, and any attempt to take it from him, or vary the disposition he has made of it, is an
invasion of his right of property (Collins, 2006). This means that if the work perform by the
creator is treated as real property, then author has the right to deny anyone to republish the work
or destroy the work if it was copied without the creator's permission. Thus, it can protect the
creator from others who wanted to steal their work for their benefit. However, it is also
considered as a serious risk that may be bear by the creators’ from further marketing and
reprinting it, for the use in a future.
When Intellectual property such as trademark, copyright are treated as real property, it
creates a monopoly that encourages patents to benefit from their work as the right to control
output, with the associated overcharge. This means not only can creators transfer wealth and
allocate a short-term loss efficiency (Easterbrook, 1990, p107). It is so because Intellectual
property can be used by many at once without being used up and marginal cost. Also, it benefit
to the creator in order to set the price above marginal cost and therefore create a small loss to the
economy as well (Easterbrook, 1990, p110). For example, any time a business create a
specialized asset, one that cannot be turned to other uses after its creation, in other words,
discourages people to use and give the owner ‘more’ control over the asset in the business. In
addition to this, through IP, company owner limits others from the business and in turn minimize
investments leading to the development and commercialization of inventions and ideas (Baecker,
2007, p14).
It helps protect sensitive information such as trade secrets from other competitors and
provides greater protection to the company. The US definition of trade secrets also present their
views and stated that as the information which kept from the public will also benefit the
company (Roper, 2013, p190). So, it is reflected that the information is not unique but the data
offered by creators is known by the public which further benefit the company. For example, the
flavour of a particular soft drink and the manufacturing process is a closely guarded trade secret.
According to intellectual property patents, copyrights, trade secrets, and licensing (George, 2019,
p411), once trade secrets will be leaked out, the rights associated with it cannot be secured or
retrieved. It means Criminal can use trade secrets that had been leaked outside to manufacture
counterfeit good to sell on the market (Roper, 2013, p138), as a result company has to bear a
heavy loss. By having it treated as real property, a trade secret will have far greater protection