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Can this idea/method be protected?

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isis297

Member
What is the name of your state (only U.S. law)? NY

We have an idea for a product we would create. There would be writing (which would be protected under copyright law, correct?) and then recording on audio (still falls under copyright, correct?). The question, in addition to the protection of the writing and recording is, can we protect the idea of the story telling as a business? I understand there are multiple companies that record books for audio format...but this is different in a way. It's the type of storytelling I guess you could say.
 


quincy

Senior Member
You are correct that your writing and your recording would be copyright protected, but ideas are not copyrightable.

The product that results from your idea can gain protection under trademark law, however, and if your idea involves an invented way of making or doing things (a new method or process), it could potentially be patentable.

It is really hard to tell you anything more, Isis297, without specific details, and these you should not reveal here.

If you believe your story-telling idea is really unique and you plan to invest time, money and effort into building a business around it, you would be wise to visit with an attorney in your area. Go over your plans with the attorney and discuss with him what the law can and cannot do to protect you and your business.

Good luck.
 

isis297

Member
Thank you as always Quincy. So, does ever story I write have to go through the USPTO site in order to be protected under copywrite? If I want to use music in the audio part, how would I do that since I'm guessing I'd have to have bands' permission? And lastly, can you say names of popular/trademarked places in stories such as Disney, Yellowstown Park, etc.? You're the best as always.
 

quincy

Senior Member
Every story you write is automatically copyrighted and protected upon creation. Registration of your created works is not necessary.

However, registration of your work with the U.S. Copyright Office can be wise in that it not only provides you with the presumption of ownership, should your work be infringed, registration before infringement is necessary if you wish to collect statutory damages from an infringer. The statutory damage award eliminates for you the need to show an actual loss due to an infringement or to show and collect on an infringer's profits. Registering your work before publishing your work provides for you added protection. And works must be registered prior to filing any infringement lawsuit.

You can go to the U.S. Copyright site at http://www.copyright.gov for more information. The USPTO, by the way, is the government's Patent and Trademark Office site accessed at http://www.uspto.gov.

For your audio, yes, you will need to contact and get permission from, and probably a license from, the owner of the rights in any musical work before using the musical work. There are copyrights that protect songs/compositions, and copyrights that protect musical arrangements/recordings. These are often separately owned and you will need to obtain rights for both if you wish to use both.

And lastly ;), it is legally permissible to use trademarked/popular names in a story if the use of the names is for descriptive purposes only (ie, "I went to see a Disney movie" or "He was drinking a Coke"). You are not allowed to use a trademarked name to promote your story or to imply any connection with a trademarked company if no connection exists.

Good luck, isis.
 
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