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Does and will a Copyright Pre-Registration online form truly protect a person, or company's interests from another infringing ?

Tampa, FL |

Recently asked AVVO about Copyright protection in regards to a large scaled commercial "theme" idea for my Calendar. One model, which I had asked to pose for me, decided to mention this "theme" of mine to a certain group, which I also recently hosted a free Benefit to help their NP Organization, so they are able to raise more money for their Non-Profit. They claim they came up with this exact idea over a year ago.Registered legally in Florida on 01/25/2014. It's 100% a lie/false.They liked my idea & attempting with threats to use now themselves.
Until I fully complete, produced & my Company sells this Fall, WILL the Copyright "Pre-Registration" @$140 online form truly 100% protect my "Advertising and Marketing Photo's" from infringement?
I will Copyright to have exclusive rights after.

I am and will discuss further with an IP Attorney, as advised, which I'm in the highest of hopes I can locate an Atty very soon. Have not been able to find one I can honestly afford, after researching last two weeks prior to asking Avvo for assistance last night. As I am a new Company and have four children, so have been financially struggling to balance. This Calendar will and is going to help our Family immensely,so need fullest protection overall. I also am in desperate need of (business) legal assistance soon in person, or near by please. I need to protect my ideas, inventions and other marketing Business ventures I have currently in the works, ( Theater scripts, show creations ect) Thank you SO much for all your assistance,which everyone from Avvo is incredible help for us. Many Blessing's to you all.

Attorney Answers 3

Posted

Taking advantage of whatever formal protections afforded you is a smart idea, but at the end of the day you cannot protect any idea in the abstract.

The pre-registration requires some history of infringement, or at least that was my understanding. This implies that there may be a question concerning your rights anytime that is the case it is best to consult a lawyer.

I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

Best regards,
Frank
Natoli-Lapin, LLC

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.

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Asker

Posted

Thank you Mr. Natoli.

Posted

This site is to find/offer general legal principles and concepts. It isn't for legal advice on specific facts. Attorneys can't offer legal advice here for at least in the terms of use. Moreover, because this is a public forum, posting specifics isn't a good idea as it could jeopardize a position taken later.

Your questions here and in your previous post suggest that it's time to speak to an IP attorney "off line".

Per the AVVO terms of use and all applicable state and federal statutes, these general comments are provided for informational purposes only and do not constitute legal advice nor do they establish an attorney-client relationship. You should consult an attorney to discuss your specific issues and facts.

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Posted

I just Pre-Registered my idea, so hopefully that will give me some piece and work out for the best.

Posted

You are not likely to have or get copyright protection for a "theme". You get copyright protection for the expression of the theme in a work of original authorship fixed in any tangible medium of expression. So, I think this will all be for naught on your part, unless you are misdescribing what you are trying to protect. Near the end, you switch from "theme" to "advertising and marketing photos" - which is it? I have no interest in trying to figure out for free here. You need to hire an attorney at a reasonable fee to review this. Frankly, it is unrealistic to hope to get 100% assurance here with such ambiguous, subjectively stated, conclusory and minimal facts, and even nuttier to hope to get it for free.

Most of what you describe is irrelevant. Background noise to us lawyers, such as: you hired a model, she mentioned it to some group, you hosted a Benefit, whether they came up with the "idea", when whoever registered in FL (and whether legally or not), whether you "know" its a 100% lie [in Court it's the perception of the truth as gleaned by the Judge or Jury from a preponderance of the admissible evidence of record that matters not the actual truth as the actual truth is seldom known for certain], etc.

No, of course the pre-registration will not 100% protect you. The Court may conclude you are the liar and invalidate it. Again, depends on who has the better evidence if this is litigated. My guess is the group will have better witnesses, but how the heck would any of us attorneys know without reviewing the matter?

If you want 100% certainty, you need to buy insurance or get a direct connection to GOD, to whom all things are possible.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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Asker

Posted

Thank you. I began this Calendar in 2010, before my unexpected anoxia damage (other severe damages included) during a surgery, then my stroke 3 week after, so Yes.... This "theme" has and is clearly my project alone... Hired Model/performer with my Company sit's on a Non-Profit Board, one which my Company recently hosted and arranged a very large successful Benefit for, so she has taken my creation, after requested to assist with this Calendar ( Same Calendar theme, which has never been done, until now) with attempts, written threats to me to infringe with creating, developing, mass producing for this same "theme" purpose as mine for themselves.. Irony.... She didn't know I had already begun this themed calendar years before,.. She still doesn't know. No communication, as I 100% do not respond. I have evidence from all the photo's which were taken when originally implemented ...Proof. My Company arranges very large scaled (famous) Entertainment, Festivals, Benefits also Commercial Advertising, Marketing , promotional ect. for large Companies. My Company has global/international with U.S. Partnerships blooming again thankfully, due to my medial absence, my injuries two years ago drained me along with my bank account severely. So, starting fresh and back at it again. Thank you Mr.Burdick

John E. Whitaker

John E. Whitaker

Posted

So what you need to understand is that copyright law does not protect "themes" or "ideas" or "concepts." It only protects the actual work you develop. In other words, if I create the coolest calendar based on baby bears, and I'm the first person to do that, I can prevent anyone from copying my baby bear calendar, but I cannot prevent anyone from making their own baby bear calendar. Copyright protection only prevents copying the actual *expression* of the idea, not the idea itself. From your question, I fear you don't understand this distinction.

Asker

Posted

Yes.. Understandable. Trademarking is what had been advised from my Attorney, along with individual copyrights for photos. Can be done thankfully... So, no one can create a similar "theme". Thank you for your opinion.

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