Protecting a sculptural syle/display idea

[rjw9]

What is the name of your state? Florida

Is it possible to trademark, copywrite or patent a unique style of sculpture, and display ideas pertaining to it, before presenting the sculptures/display ideas to an adventure park, zoo or other organization?

I've created a series of highly stylized sculptures that I would like to present to various Florida attractions, but am concerned that some of these organizations could commandeer the idea and technique and recreate the stylized sculptures themselves. The sculptures presented (in photographs) would be impossible to recreate exactly, though similar pieces could be recreated. Any comments would be appreciated.

Regards,
RJW9

 

[divgradcurl]

"Is it possible to trademark, copywrite or patent a unique style of sculpture, and display ideas pertaining to it, before presenting the sculptures/display ideas to an adventure park, zoo or other organization?"

Maybe, maybe, and yes, in principle.

Trademark protection can be obtained for shapes and the like, but you would actually have to be using the shape in commerce -- for example, as a symbol of your company -- to obtain trademark protection. Trademark requires actual use of the mark before protection can be afforded.

In general, sculpture can, and is, protected by copyright -- there are a couple of limitations, however. First, copyright cannot be used to protect the "idea" or the technique, but merely the expression of the idea or technique. The classic example is Shakespeare -- you cannot copyright "boy meets girl" but you can copyright "Romeo and Juliet" -- idea v. expression of the idea. Furthermore, if the sculpture is not merely decorative, but actually has some utility beyond asthetic beauty, then only that part of the sculpture that is "creative" is covered by copyright, and if the "creative" part cannot be sepaated from the "useful" part, then copyright will not apply.

Finally, there are patents. You can get a design patent on the shape of the sculture. Protecting the technique might also be possible with a patent, but would require a utility patent, not a design patent.

There are other ways to protect your ideas -- non-disclosure agreements and other contractual devices that may be used to give you some protection from copying of your work.

Before you spend a lot of money and time on this, you would be well-served to discuss your options with an experienced intellectual property lawyer.