What Is Intellectual Property?

By Andrew Marshall

Something is described as intellectual property when it is a creation of the mind. Anything that someone has created can be intellectual property falling under related laws. This can include the following creations:

Inventions; this includes new technology

Names; including business names, names of buildings and performance names, such as a musical group

Images; including paintings, drawings and photography

Designs; including logos and advertising material

Music; including pop songs, classical music pieces, and in some cases live performances

Literature; including novels and poems

The fundamental premise is that people have the right to the protection of their own creations, with any creation becoming the property of the creator. In some ways intellectual property is like, and treated like, the ownership of physical property such as real estate or a car. You have the right to do with it as you please and others cannot take this right away. Intellectual property law, often referred to as IP law, protects the right of people who own "non-physical" property.

There are two main categories to intellectual property; industrial property and copyright. Industrial property covers inventions and trademarks with copyright covering literature, music, films, paintings, drawings and photographs amongst other things.

Part of the reason for the laws surrounding this area is for the financial benefit of creators. People have the right to benefit financially from their creations where possible and have the right to prevent others from gaining financially from their work. A creator can decide what they wish to happen with their creation. Some examples are below:

Music; can decide to record and sell it themselves and can give permission to others to record it being paid commission on any sales

Paintings; can keep it to themselves or decide to sell it, can choose whether or not to let others reprint it

Novels; can choose a publisher with financial agreements around this

Inventions; can sell the invention, develop it or sell it to someone else to further develop

One of the original reasons for IP law was as an incentive for creation. The thought process behind this is that a lack of financial incentive stifles the possibility of creation. In turn, the whole of society benefits as positive creations are good for society as a whole. Intellectual property theft is illegal and can carry legal action being taken against guilty parties.

Different areas are dealt with in different ways. Inventions are managed through patents, where inventors are granted rights to either an entire invention or certain aspects of an invention. Trademarks are for the protection of logos and brands meaning other cannot copy them. Copyright can be claimed for art pieces, including visual and audio art.

In summary, the point of intellectual property is to prevent people from using other people's ideas or work for their own benefit and to ensure that those who have created something have the right to choose what happens with their work and are the ones who can benefit financially from them. Almost all works and creations are covered under intellectual property law.

Andrew Marshall ©