Copyright / Patent Protection
Boston, MA
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Posted about 1 year ago in Intellectual Property
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I have created a piece of artwork by using and customizing a separate company’s intellectual property, which I had gained approval for one printing and for personal purposes only. After receiving great reviews of my work I have decided to pursue licensing for these intellectual properties of this company and other companies to create customized artwork for retail purposes. I would like to protect myself from having my idea stolen from me and I do understand I am unable to patent or trademark an idea. I do have the original piece of artwork I could copyright, but does that mean I will need to copyright each piece of artwork I create afterwards? Can I copyright a template that will protect all pieces of work created from the template? Or is this a situation where I should patent the artwork or template that will protect all pieces of artwork created for consumers?
I apologize for the vagueness of my post. This is a unique idea that I would like to ensure that is not stolen by another company. I appreciate your help.
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Please note, the artwork would be customized for the consumer's needs; different intellectual properties, such as logos or color schemes, will also be used and applied to fit the consumer's needs. I plan on gaining the licensing of these intellectual properties. Answers (1)Daniel W Mcdonald
This attorney is licensed in Minnesota.
Posted 12 months ago.
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Generally, a copyright applies to specific works, which are shown in a photo or other submission that would be filed with any copyright registration you might pursue. Copyright arises with the creation of a work, and as you acknowledge does not extend to ideas, so a copyright in a single work will likely not protect other different works that may be created later by using a similar idea.
Obtaining a series of copyrights would probably be the surest way to protect the works. While that may seem burdensome, some copyright protection arises without registering copyrights. Registration is a necessary prelude to a copyright infringement lawsuit, and provides benefits in the form of a chance to recover attorney fees and an alternative form of damages if done early enough. But an author does not need to file a registration on every work right away in order to have a right to later file for a registration and claim rights in the work in court if infringement arises. Moroever, copyright registration is relatively cheap compared to patent or even trademark protection. Typically a lawyer can help with a simple registration for about $300 - 800, and you also have the option of filing them yourself, by submitting the U.S. Copyright Office filing fee of $35 (online) and $45 (paper). You ask about copyrighting a "template." That is hard to answer without knowing what the "template" is. If it is a separate creation of some sort, you may be able to get protection. However, if it is a system or idea regarding how to approach making the works, it is unlikely to be subject to copyright protection. It might be patentable, but that is generally a much higher standard than the standard for obtaining copyright protection. If your template creates a similar non-functional feature for each of the works you create, there is some chance that feature may serve to identify you as the source of the work, in which case trademark protection may be available.
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