Copyrights, Patents, Trademarks.....

[sherman]

Can anyone describe the difference to me? What applies to each?

 

[RPM]

copyrights are for print/video type material. patents are for designes, such as for an automobile.

could be wrong on trademark, but i believe it is like the mcdonalds big m.

or another example would be the triangle shape on guess jeans.

 

[sherman]

rpm, know where i can get good info on copyright? thanx....

 

[sherman]

i have an idea that i know would make big money but i don't know what i can do to protect it, and im afraid of asking anyone because i dont want to tell anyone what the idea is.......

 

[TheGeneral+]

http://www.templetons.com/brad/copymyths.html

Good read on copyrights

http://www.patents.com/copyrigh.htm

 

[sherman]

thanx general but how do i know if my idea can be protected?


ill give a fake example.......

who ever was the first to put credits after a movie is over, if they wanted to could they have stopped others from doing so?

 

[MillenniumSportsbook]

Trademarks are generally distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin of their products. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. It is also possible to receive trademark status for identification that is not on its face distinct or unique but which has developed a secondary meaning over time that identifies it with the product or seller. The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products.

A patent is a right granted by the gov't that exclues others from making, using, or selling the invention claimed in a patent

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.

Hope this helps

 

[sherman]

what about an "idea".....like the example i gave above about the movie credits?

 

[Woody0]

If your idea is for a product or process then it might be patentable. You would have to demonstrate a working example. It is expensive to consult a patent attorney.

As an example Arthur C. Clarke had an idea in 1946 that 3 satellites placed over the equator at a height where they were stationary with respect to Earth would allow worldwide line of sight coverage for electronic signals. He later said he should have patented the idea, but it was not patentable since he could not demonstrate that it would work. Also a patent is not granted for ideas that are "obvious".

 

[MillenniumSportsbook]

That's like trying to reserve the rights on desert served after supper...can't do. However, if you have a unigue way to display the credits after the movie it would be a trademark...if you applied for it...and nobody could do it that way.

 

[kingbill]

You should go through the steps to patent, copyright or trademark your Idea but while you are waiting for the papers to be processed or don't want to spend the money, I hear it can be expensive, You can fully document your Idea and then mail it to yourself. The envelope will have a date stamp on it. Leave it sealed and if you need to go to court to defend your Idea you'll have the a government stamp on your sealed documents showing date you had your idea.
I hope this is clear, Good luck

 

[sherman]

ok that helps out alot, i think......

 

[sherman]

You should go through the steps to patent, copyright or trademark your Idea but while you are waiting for the papers to be processed or don't want to spend the money, I hear it can be expensive, You can fully document your Idea and then mail it to yourself. The envelope will have a date stamp on it. Leave it sealed and if you need to go to court to defend your Idea you'll have the a government stamp on your sealed documents showing date you had your idea.
I hope this is clear, Good luck

i have heard this before...i think they call it poor mans patent or something.....lol

 

[sherman]

That's like trying to reserve the rights on desert served after supper...can't do. However, if you have a unigue way to display the credits after the movie it would be a trademark...if you applied for it...and nobody could do it that way.

question......i understand i couldnt protect credits now unless it was some crazy unique way, but what about 100 years ago or whenever movies didnt have credits, could i have done it then since no one was doing it?

 

[MillenniumSportsbook]

question......i understand i couldnt protect credits now unless it was some crazy unique way, but what about 100 years ago or whenever movies didnt have credits, could i have done it then since no one was doing it?

No....it's just info...and info that wouldn't be used again in another movie. It's just an unpatentable idea. Could you patent drying your hair after taking a shower?...even if you thought of it first...it's unpatentable...you couldn't stop somebody else from doing it

 

[sherman]

thanks mill, i hear what u are saying but my idea is not like that....im having a very difficult time because i am so afraid of letting someone else know my idea.....

ok, try this one........a couple of years back some dvd's started coming out with alternate endings......could this have been protected so no one else did this?

 

[sherman]

thanks mill, i hear what u are saying but my idea is not like that....im having a very difficult time because i am so afraid of letting someone else know my idea.....

ok, try this one........a couple of years back some dvd's started coming out with alternate endings......could this have been protected so no one else did this?

 

[Baker]

Sherman it doesn't sound to me like your "idea" can be protected. Business processes have been proven to be patentable, but these are few and far between and must be unique, workable and show a definative result.

It also doesn't sound like your idea would qualify as a trademark, which includes such things as the shape of a Coke bottle or the Nike swoosh.

Something like movie credits wouldn't qualify for protected status, in my opinion. Even if you were to be granted a patent or your idea did fall under the copyright or trademark laws it is important to know that this doesn't actually protect you. Rather it gives you legal grounds to go after those people or entities that are infringing on the rights you are granted. Going on the offensive means you have to hire attorneys to go after the offending party. Than can be especially expensive and unfruitful if the offending party happens to be a large corporation.

If your idea is really good I would suggest hiring an attorney and approaching a company (preferably large) that would be able to make use of your idea. That's about the only way I can see you making money off your "idea".

 

[sherman]

thanx for your input baker.......

 

[MillenniumSportsbook]

thanks mill, i hear what u are saying but my idea is not like that....im having a very difficult time because i am so afraid of letting someone else know my idea.....

ok, try this one........a couple of years back some dvd's started coming out with alternate endings......could this have been protected so no one else did this?

No...it's just a style...or way of doing something, not an idea, invention, etc. Barbara Steisand has a unique way of singing....could anyone try to duplicate it? Absolutely! if they had the talent