Protection of Ideas - Copyright protections

[BigLaw]

I'm not from US but this question I believe has not to do with geographical limitations but it is a general question.

If you have an idea (let's say about a site, or about an app etc) but you don't have the knowledge to create it yourself, you have to contact and give the idea to a company or person that will make the site/app etc. How are you protected not to get your idea stolen and being used by him or whatever other possible complications?

Does it need to be copyrighted or somehow protected? What is the best legal way that I can follow to be protected before I give the work/concept of the site to third party to make ti done? Do I just go to a lawyer and say again the idea? What if he finds it interesting for himself too?

Has Non Disclosure Agreement anything to do on this topic and if so, how is it done?

If anyone knows, I would love to hear what others know/believe or how they can help on it.

Thanks a lot!!

 

[quincy]

I'm not from US but this question I believe has not to do with geographical limitations but it is a general question.

If you have an idea (let's say about a site, or about an app etc) but you don't have the knowledge to create it yourself, you have to contact and give the idea to a company or person that will make the site/app etc. How are you protected not to get your idea stolen and being used by him or whatever other possible complications?

Does it need to be copyrighted or somehow protected? What is the best legal way that I can follow to be protected before I give the work/concept of the site to third party to make ti done? Do I just go to a lawyer and say again the idea? What if he finds it interesting for himself too? ...

If you want to protect your idea from development by another but you find the need to discuss it with another or others, you can make use of a non-disclosure/confidentiality agreement.

No agreement can prevent someone from breaching the contract. There are only remedies available if a contract is breached.

For your other questions, you will want to seek out legal assistance in whatever area of the world you reside. This site is US-law specific. Laws are significantly different from country to country so what applies to those in the US may not apply to you in your country.

 

[Zigner]

If you want to protect your idea from development by another but you find the need to discuss it with another or others, you can make use of a non-disclosure/confidentiality agreement.

No agreement can prevent someone from breaching the contract. There are only remedies available if a contract is breached.

For your other questions, you will want to seek out legal assistance in whatever area of the world you reside. This site is US-law specific. Laws are significantly different from country to country so what applies to those in the US may not apply to you in your country.

In Dec of 2015, he was in Greece.

 

[BigLaw]

In Dec of 2015, he was in Greece.

I live in Europe yes. At this period not in Greece but still in Europe. The point is this is about a website, not a business located. I guess still the laws of the country where the company was created will apply.

I was told that in order to make a copyright all I have to do is just write down my idea and have date and time on it and post it. So if for example I write down my idea to an email with the time-stamp and then send it to myself this can work as a copyright. Is this correct? And does this or an NDA protects me against using my own idea once I tell them the concept to make the website?


Zinger you specify " you can make use of a non-disclosure/confidentiality agreement." How does an NDA is made?

 

[Zigner]

Zinger you specify " you can make use of a non-disclosure/confidentiality agreement." How does an NDA is made?

No, Quincy was the one who included that in his reply.

 

[BigLaw]

Yes sorry. Missed the quote

you can make use of a non-disclosure/confidentiality agreement.

The NDA question is open to anyone of course, not only quincy or whatever way they can contribute

 

[quincy]

... I guess still the laws of the country where the company was created will apply.

You should be concerned about the laws in your country because those are the laws that will apply to you.

I was told that in order to make a copyright all I have to do is just write down my idea and have date and time on it and post it. So if for example I write down my idea to an email with the time-stamp and then send it to myself this can work as a copyright. Is this correct?

A copyright is automatic. Once a creative work is fixed in tangible form (written, drawn, recorded...), it has copyright protection. To better protect an original and creative work, it can help to register the work upon creation, so that there is good evidence of the date of creation.

And does this or an NDA protects me against using my own idea once I tell them the concept to make the website? ... How does an NDA is made?

Not all ideas can be protected from use and development by others. Truly unique ideas can be protected to an extent through non-disclosure or confidentiality agreements.

The best ways to protect any clever and original idea is to be the first to develop it or to maintain the secrecy of the idea until you can develop it. If you cannot develop the idea on your own, or you need to disclose the idea in order to obtain financing or evaluation of its worth, you can discuss your idea with others. But you will want to do so under the protection of a non-disclosure/confidentiality agreement, the agreement of which can be fashioned as needed to protect what it needs to protect.

Although there are "sample" agreements that can be found online to use as a guide, it is generally best to have an attorney draft an agreement for you that meets your specific needs. The agreement should spell out what the penalties are for violating the agreement. And, again, there is no way to completely prevent the disclosure of your idea to others, with or without an agreement in place. There are only remedies available should an agreement be breached or your developed idea infringed.

You really need to speak to an attorney in your area, BigLaw, if you currently have an idea that you think is original and creative enough to warrant protection. Good luck.

 

[BigLaw]

A copyright is automatic. Once a creative work is fixed in tangible form (written, drawn, recorded...), it has copyright protection. To better protect an original and creative work, it can help to register the work upon creation, so that there is good evidence of the date of creation.

So once I sent my email to myself with date on it and I have it on my Inbox it counts automatically as copyright. And to make it more officially I can register it once it is finished? I guess there is an official public service for this that I register the plan/idea as well, right?

Although there are "sample" agreements that can be found online to use as a guide,

With a quick search I found some sites that offer free "Standard Confidentiality Agreement" and "Mutual Nondisclosure Agreement" I guess they can be used to an extent now with maybe few modifications on the text just to get it started.

The agreement should spell out what the penalties are for violating the agreement.

The sample documents I have, don't say paragraph about penalties. Should I add such a paragraph myself?

Thanks for any help so far.

 

[quincy]

So once I sent my email to myself with date on it and I have it on my Inbox it counts automatically as copyright.

In the US that used to be called the "poor man's copyright" when copyrights were not automatic. Today, it is not only not necessary to do that, it offers a copyright holder little protection from those who claim they created a work first. There are too many ways to fake mailings.

And to make it more officially I can register it once it is finished? I guess there is an official public service for this that I register the plan/idea as well, right?

In the US, it currently costs $35 to register a work with the US Copyright Office. The holder of a registered copyright in the work will be the presumed owner of the work. But, again, in the US, registration of a copyright is not necessary. It is beneficial to a copyright holder in the US to federally register their works because that makes them eligible for statutory damages, should their works later be infringed. Statutory damages range from $750 to $30,000 per infringed work (or up to $150,000 per infringed work for especially egregious, willful infringement). These damages can be awarded even if the copyright holder cannot prove actual damages.

With a quick search I found some sites that offer free "Standard Confidentiality Agreement" and "Mutual Nondisclosure Agreement" I guess they can be used to an extent now with maybe few modifications on the text just to get it started.

The sample documents I have, don't say paragraph about penalties. Should I add such a paragraph myself? ...

You can add or subtract whatever you want to add or subtract. It is best to have any agreement that you want to use, however, personally reviewed by an attorney in your area.

And, because your area is NOT the US, you REALLY need to seek assistance from an attorney in Europe. The laws in the US are different than the laws in other countries. What applies to us here in the US may not apply to you.

Good luck.

Here is a link to the US Copyright Office's official website, where you can explore US copyright laws more fully: http://www.copyright.gov