Idea Protection, Copyright Law, & Fair Use
HOW TO PROTECT YOUR IDEAS Hi, my name is Justin Sterling. I am an attorney and the founder of The Sterling Firm, A Professional Law Corporation. We are talking about how to protect your ideas. COPYRIGHT DOES NOT PROTECT IDEAS It is important to recognize that Copyright Law does not protect ideas. Copyright Law only protects the “expression of an idea that is fixed in a tangible form.” Only written words can be protected by copyright. Ideas or concepts are not protected. This is because the law promotes creativity. An idea or a concept behind a written work can inspire another person to create something. Only the actual written words are protected from infringement once the work is registered with the U.S. Copyright Office. Copyright law protects against actual copying of the written words, but the ideas behind your work are allowed to inspire additional creations. The solution to fully protect your idea against someone else using it is to simply write it down. The more you write your idea and express it in a tangible form, the more your idea is protected as an expression.
Furthermore fair use in an extremely fair use is a topic with many grey areas. Topics regarding fair use include: Fundamental Rules Regarding Fair Use Use of Images and Video Clips for "Editorial" or News Use Use of Images, Video Clips, Author Names, or Film/Book/Product Names in Promotional Materials and Advertisements Why Producers ask Actors and Others to contractually approve a Producer's Right to Use Their Name and Likeness Posting, Promotion, and Licensing of images or footage captured in a public place (aka Individuals at Protests, etc.) Creating Art using Content Created by Others (collages, montages, etc) "Clearing Your Work" and Errors and Omissions Insurance.
Moreoveropyright protection grants to the owner certain exclusive rights. If any other person wants these rights, that person must get the permission of the copyright owner. Copyright law states that the creator of a work is its author. This is true, however there are exceptions. The first exception is employment relationships. If the creator is an employee working within the course and scope of employment, then the employer is considered the author of the creative work. The second exception is a work for hire relationship. If the creator is not an employee but is an independent contractor or an independent person commissioned to write a script or create another category of creative work, and there exists a signed written agreement between the parties expressly stating that the work is a work for hire, then the author is the person or company who paid for the work to be done.
*Disclaimer: For informational and educational purposes only. Not to be considered legal advice.
If you have questions about this material, please email justin@thesterlingfirm.com.
About Justin Sterling, Esq.
Justin Sterling, Esq. (California State Bar Number 290642) is founder of The Sterling Firm, a full-service civil litigation and transactional law firm devoted to Business Law, Entertainment Law, and Personal Injury cases. The Sterling Firm is dedicated to helping clients obtain maximum compensation, achieve cost-effective legal solutions, and resolve legal conflicts efficiently. You can learn more about Justin at: www.TheSterlingFirm.com
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