QUESTION
Can I protect my ideas before getting a copyright? How?
Asked on May 28th, 2015 on Patents - Utah
More details to this question:
I have been discussing an idea that I have with my friends and colleagues. Is there any sort of way that I can prove that I had this idea first before getting it copyrighted, so none of them can take it? I guess what I am asking is, is there a way that I can show that my idea existed at a certain time prior to anyone else thinking of it? Do I need to also prove that it was my idea first before speaking with a lawyer? I am fearful (more fearful about my friends and colleagues) that they might also steal my idea.
3 ANSWERS
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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You should speak with a lawyer first.
Answered on Jun 03rd, 2015 at 8:00 PM
Under U.S. copyright law, you can only protect the finished work. You can't prevent others from using the underlying idea in their own original works.
Answered on Jun 03rd, 2015 at 8:00 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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The fact that you have shared your idea with others could make it very hard (maybe impossible) to prove that you were the first to come up with the idea. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Next time - keep an "idea journal" - write down your ideas in a bound book - date the pages, keep a record. Then you can share and you will have something to prove that you had an idea as of a certain date.
Answered on Jun 03rd, 2015 at 8:00 PM