Copyrighting a Visual Idea

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

Well I know, I know... Registering a copyright for a graphic design that is schematic and idealistic in nature then. Like a simple pattern element. I have many of these and would like to register them as a collection asap so that I could show them away to potential investors and manufacturers without fear of losing any of my designs to possible copycats with no legal recourse whatsoever. What are the minimal requirements that I should adhere too. I have them as hand sketches in black and white as single elements, but ultimately most of these should be produced through computer programs in various colors as patterns. I have some brand logos and such that are similar in nature that I need to protect as well, but those don't need to be repeated in patterns of course. So again, what are the minimal requirements for the art to be registered and have all the necessary copyright protection?

Thanks

You can't copyright "ideas." You can copyright specific representations of that idea. A copyright will be likely of no help to you in this situation.

If this is something that's going to be used to manufacture other goods, it may qualify for design patent protection:

http://www.uspto.gov/web/offices/pac/design/desfaq.html

FlyingRon said:

You can't copyright "ideas." You can copyright specific representations of that idea. A copyright will be likely of no help to you in this situation.

If this is something that's going to be used to manufacture other goods, it may qualify for design patent protection:

http://www.uspto.gov/web/offices/pac/design/desfaq.html

Click to expand...

Hehe, what's a specific representations of an idea then? A pattern is a pattern whether repeated 10, 12, or 50 times in any possible colors, isn't it? Ultimately, it consists of a single element, not necessarily of a specific color, or size, or a degree of finesse that is simply repeated at least several times. The way I understood you, this basic root element can have no protection under copyright laws no matter how distinctive or original it is, correct?

The minimal requirements for registering any work with the Copyright Office are that the work is original (not copied), is fixed in a tangible form (on a computer disk, on paper or canvas, on audio or video tape, etc), and the work must have at least some creativity (more than a list of names and addresses as found in a phone book).

You can register your designs as a collection, where you have several independently created works assembled into one copyrightable work, and each of the works in the collection can be separately registered, as well.

You can check out the patent/trademark link FlyingRon provided above, and you can go to http://www.copyright.gov to check out copyright, to see which best fits your designs. You may also wish to check out Xoom, Inc v Imageline, Inc, 323 F.3d 279, 4th Cir (2003) for a case involving copyrights in both the separate works that make up a collection and the rights in a collection as a whole.

To ensure that your works are protected properly, it is always wise and advised to seek out the direction of an IP attorney in your area.

Good luck.