You're
ready to unleash your blockbuster idea. You're convinced it will fund your retirement
handsomely, and even your Muse will get a cut. How can you make sure nobody steals
your richly-deserved rewards?
It
all depends on your idea. Legal protection falls into three basic categories: copyrights,
trademarks, and patents. "Intellectual property" or "IP", includes almost any
kind of original creation—a novel, a logo, a song, or a new process for developing
film.
Copyrights cover tangible artistic, musical, and literary works, such as paintings, lyrics,
books, photographs, etc. Trademarks apply to words, names, or symbols intended
to identify and distinguish goods or services of one manufacturer from
another. Patents protect inventors' rights to their inventions; inventions
which can vary from machines to chemical compounds and even plants.
1. Copyrights
If
you have an original idea, such as a premise for a screenplay, that you've written
into a summary, congratulations! Your work is copyrighted. Copyright protection
attaches when an original work is set into tangible form. What does that mean? A
tangible form can be anything from recording dance steps on a DV recorder to
putting music notes down on paper. Once accomplished, you alone have the sole right
to produce and reproduce your work.
In
the U.S., there is no requirement to register your creation. There are,
however, advantages to registration with the U.S. Copyright Office.
Registration allows you to establish a public record of your copyright, which
can help support any potential infringement claims.
The
registration process differs according to the type of material produced, but
always involves sending a copy of your work and a processing fee. The duration
of a copyright varies according to when the work was created and registered,
but normally it exists for the author's life, plus 70 years.
2. Trademarks
Like
copyrights, you are not compelled to register your trademark for protection. Use
of the mark gives you rights to it. However, registering your
trademark with
the U.S. Patent and Trademark Office offers significant benefits.
With
registration, the public is on notice that you own the mark. The law presumes
it is yours and you gain the exclusive right to use the registered mark on the
goods or services identified in the application, meaning that others cannot use
a confusingly similar mark.
The
process for registering a trademark is more complex than a copyright, so it's
wise to make sure your application is professionally prepared. Approval of a
trademark (which includes a renewable 10-year term of validity) can take months
or even years.
3. Patents
According
to statute, any person who "invents or discovers any new and useful process,
machine, manufacture, or composition of matter, or any new and useful
improvement thereof, may obtain a patent" from the U.S. Patent and Trademark
Office. To protect your invention, you must apply for a patent—there is
no such thing as an automatic patent as with copyrights.
Obtaining
a patent can be slow and costly, taking up to 2 years and costing in the six
figures.
For
"utility" inventions, there is an alternative initial protection: a Provisional
Patent. This application has few requirements, making it faster and easier to
file, while providing a priority filing date and a "patent pending"status for 12 months. During this time, you can more freely discuss your
invention, test its potential and seek funding while deciding whether to commit
more time and money toward the patent. You also preserve the right to patent
your invention should anyone else try after you. Be aware, however, that a provisional application
lasts for 12 months during which you will need to file the non-provisional
application to complete your patent filing process. The Patent Office does not
grant extensions.
While
it may take years until your patent is granted, protection attaches upon filing
the application; accordingly, file as soon as possible. With a patent, which
lasts for 20 years, you have "the right to exclude others from making, using,
offering for sale, or selling" your invention in the U.S. or "importing" the
invention into the country.
If
your idea doesn't qualify for a patent, you can still seek protection under the
trade secrets law if it's a secret and provides a competitive advantage. A
classic example is Coca-Cola's soda recipe—still a closely guarded secret. If
you aren't sure which category applies, check out the FAQ pages on the web
sites of the Copyright Office and the Patent and Trademark Office.
Some
ideas may require a combination of protections and copyrights, trademarks, and
patents alone will not provide international protection of your property. But,
if you register in the United States, certain treaties and agreements will make
protection abroad much easier.
If
infringement occurs, it is up to you to enforce your copyright, trademark, or
patent; the respective government agencies are hands-off after registration. To
guard against disputes over authorship or inventorship, you should keep early
drafts of your work and detailed records of the development of your ideas,
including anyone you've shared it with along the way.
As
you can see, registering your blockbuster idea with the appropriate governmental agency can help ensure that it remains your property—and that your all-important
Muse is kept happy.