Elliot Michael Zimmerman’s Answers

Elliot Michael Zimmerman

Plantation Intellectual Property Law Attorney.

Contributor Level 3
  1. A family member wrote an idea to a fast food restaurant about 35 years ago that restaurant is now using that idea can one sue?

    Answered about 1 year ago.

    1. Joseph Andrew Brabender IV
    2. Alan James Brinkmeier
    3. Elliot Michael Zimmerman
    3 lawyer answers

    Naked ideas are generally not protectable... Copyright law protects original works of authorship fixed in a tangible medium of expression. Trademark law prevents others from trading using your name. Patent law protects inventions and designs that are new, use and non-obvious provided there is a physical prototype of same. In your case, it is unlikely that any of the foregoing apply (but because I am not privy to what's in the letter, I can't be 100% certain). Notwithstanding, naked ideas that...

    2 lawyers agreed with this answer

  2. Would I have to copyright each episode of an animated cartoon or could I consider them to be a collection?

    Answered about 4 years ago.

    1. Emily Bass
    2. Daniel Nathan Ballard
    3. Elliot Michael Zimmerman
    3 lawyer answers

    The only advantage to copyrighting a collection versus each work individually is that it is cheaper to file. With respect to a collection, your statutory damages for infringement are proportioned in relation to the number of works contained in the collection. So, if you submit 10 pictures as a collection, and only 1 is infringed, the maximum statutory damage award would be 1/10th of $30,000 plus costs and attorney's fees. Conversely, although cheaper to file only 1 collection for copyright...