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 11 months 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 almost 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...