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Would you have copyright protection if a business proposal was created at homebased as a small business owner's home computer
Syracuse, NY
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Posted 4 months ago in Business
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copyright intellectual property. I created a business proposal from my home computer as a small business and while shopping for funding networking a larger corp used my proposal for their own benefit. My business was registered and a tax id was created it was also submitted to a legal firm so I felt my work was protected. By the way I also created my business name under work that was submitted to library of congress registered legally.
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Answers (3)Barry Neil Shrum
This attorney is licensed in New Jersey and 2 other states.
Posted 4 months ago.
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Without looking at the actual business proposal in more detail, this would be a difficult question to answer for several reasons: first, copyright law does not protect simple ideas, e.g., the idea to open a drug store on a corner street. It also does not generally protect facts, systems or methods of operation (although it could protect the way these things are expressed - i.e., an original work of authorship about a business method). See the Copyright Office's Circular 1 (link below) for more info). Rather, copyright law protects original works of authorship which generally fall in the artistic category. So, in short, the answer to your question would require a careful analysis by a lawyer skilled in intellectual property, particularly copyright.
As a second observation, you mention the name of the business in your question, you should be aware that that is, of course, a separate topic and falls under the rubric of trademark or trade name protection, another area of intellectual property law. Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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Apparently you didn't use a nondisclosure agreement when you were shopping for funding, which would have helped protect against this larger company taking your business plan. You may have an "idea submission" claim against this company, but it would depend on the circumstances under which you shopped and disclosed this plan.
I'm not sure what you mean by your "business was registered," do you mean licensed for business in your city? business name registered as a fictitious business name in your county? company incorporated in your state? business name trademarked with tyhe USPTO? I'm also not sure what you mean by "submitted to a legal firm." What did you hire these lawyers to do, and why aren't they addressing these issues? What do you mean, you "created [your] business name under work that was submitted to library of congress," do you mean some part of your business plan was copyrighted with the Copyright Office, and if so, how does this affect your business name? Sorry, but your terminology makes it impossible to know what you mean. You need to consult a lawyer and disclose the specific details of your efforts to protect whatever it was that you were protecting. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Daniel Nathan Ballard
This attorney is licensed in California.
Posted 4 months ago.
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As Ms. Koslyn notes, your question is difficult to parse. I think you mean that you wrote a business plan that was then "used" by another company.
If by "used" you mean that the other company literally copied your plan (in the physical sense of copying, that is, via a copy machine) and then published and/or distributed those copies, then you have a very good copyright infringement claim against the company. If so, then you need to speak with an intellectual property attorney. If by "used" you mean that the other company has adopted some or all of the ideas that comprise your plan, then, for all practical purposes, you have no recourse against the company. Ideas, per se, once disclosed are not owned by anyone -- even by the idea creator. As noted, there is a body of "idea submission law" that sometimes provides a person with protection for the ideas that he or she submits to a company. Those cases most often relate to very creative story lines for a book or movie or to an invention or inventive step -- not "business proposals." |