INTELLECTUAL PROPERTY
Intangible rights protecting the products of human intelligence and creation, such as copyrightable works, patented inventions, TRADEMARKS, and trade secrets. Although largely governed by federal law, state law also governs some aspects of intellectual property.
Intellectual property describes a wide variety
of property created by musicians, authors,
artists, and inventors. The law of intellectual
property typically encompasses the areas of
COPYRIGHT, PATENTS, and trademark law. It is
intended largely to encourage the development
of art, science, and information by granting cer-
tain property rights to all artists, which include
inventors in the arts and the sciences. These
rights allow artists to protect themselves from
infringement, or the unauthorized use and mis-
use of their creations. Trademarks and service
marks protect distinguishing features (such as
names or package designs) that are associated
with particular products or services and that
indicate commercial source.
Copyright laws have roots in eighteenth-
century ENGLISH LAW. Comprehensive patent
laws can be traced to seventeenth-century Eng-
land, and they have been a part of U.S. law since
the colonial period. The copyright and patent
concepts were both included in the U.S. Consti-
tution. Under Article I, Section 8, Clause 8, of
the Constitution, “The Congress shall have
Power . . . 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.” The
first TRADEMARK LAWS were passed by Congress
in the late nineteenth century, and they derive
