History of Intellectual Property Law

Intellectual property law deals with intangible forms of property such as musical, literary or artistic creations. Individuals who create intellectual property are endowed with certain legal rights or privileges through patents, copyrights and trademarks. In the United States, intellectual property law can be applied at the state and federal levels. Lawyers who work in the field of intellectual property law are registered as patent or intellectual law attorneys.

History

Intellectual property law is a complex legal concept and is a subject of ongoing changes. In 1710 the U.K. Parliament under the rule of Queen Anne passed the British "Statute of Anne." The statute laid the foundations for copyright laws particularly with regard to publishing texts and was designed to protect the rights of authors. The U.K. and U.S. legally recognized copyright law in 1787. In 1790 the first Congress implemented the "Copyright Act;" the act granted authors the right to publish and reprint their works for 14 years and to renew reprints for another 14 years. In 1909 the copyright act was revised; the bill expanded the scope of copyright categories to include all works of authorship and extended the term of protection to 28 years. Copyright laws have been amended several times in order to protect computer software, digital communications and other technological innovations.

Significance

Intellectual property allows inventors to control and profit from their innovations. In the United States, individuals who claim that their intellectual rights have been infringed upon can legally demand to receive monetary compensation for their losses. In 1983 "Tonight Show" host Johnny Carson succeeded in preventing the use of his opening line, "Here's Johnny" in a television commercial. In 1988 singer Bette Midler sued the Ford Motor Company on grounds that Ford had deliberately used a singer's voice which resembled Midler's without the singer's permission; she won $400,000 for copyright infringements.

Function

The principal function of intellectual property law is to ensure that intangible private property rights are legally regulated. Depending on the type of information, property rights are regulated through copyright law, patent law and trademarks. Trademarks are symbols used to indicate the source of a product and differentiate manufacturers. Patents exclude the reproduction of a product by other manufacturers for limited periods of time; patent law can be applied in the United States and internationally. A copyright is a legal designation and indicates original work of authorship.

Considerations

The historical growth and complexity of intellectual property law has been met with criticism. William W. Fisher, professor of law at Harvard University, suggests that the battle over exclusive rights can be extreme when it comes to claiming intangible property rights. Fisher notes how a group of intellectual property lawyers are demanding patents for "athletic moves." Other examples include calls for patenting surgical procedures and restaurant décor. Fisher argues that "no single force" was responsible for the expansion of intellectual property rights and calls for a consideration of economic, ideological and political forces that influenced its history.

References

• Cyber Law: The Growth of Intellectual Property, History of The Ownership of Ideas in The United States
• Caslon Analytics: IP Chronology
• Association of Research Libraries: Copyright and Intellectual Property Policies
• United States Patent and Trademark Office: Trademark FAQs
• Ladas and Parry: A Brief History of The Patent Law of The United States