Copyrights

[Volzfan]

I've got an idea for an item and need someone to point me in the right direction to search out copyrights and the process of copyrighting the idea if its not out there.

Surely someone here can help. You guys always do!

[Sam1]

Pm me with all the specs and plans, then I'll get back with you ;)

[Guest Lester Weevils]

There are trademarks, copyrights, and patents.

Trademarks "protect" a name. Ferinstance Pepsi can't sell a product called "coca cola" except under license or they risk lawsuit.

Copyrights usually "protect" a work such as novel, poem, photo, music composition or performance, artwork, video, circuit board layout or specific implementation of software. Meaning the copyright holder has the right to sue if he has deeper pockets than the offender and doesn't mind spending it on lawyers. I don't think you can copyright an idea, though you could copyright your text or pictures and such explaining the idea. But if someone explains your idea in entirely differend words and pictures you can't sue over that.

Ain't no lawyer but think you can't patent an idea either. And if you do, if you don't have more money than whoever wants to steal your idea, then the thief's lawyers will make a fool of you in court.

[mikegideon]

There are trademarks, copyrights, and patents.

Trademarks "protect" a name. Ferinstance Pepsi can't sell a product called "coca cola" except under license or they risk lawsuit.

Copyrights usually "protect" a work such as novel, poem, photo, music composition or performance, artwork, video, circuit board layout or specific implementation of software. Meaning the copyright holder has the right to sue if he has deeper pockets than the offender and doesn't mind spending it on lawyers. I don't think you can copyright an idea, though you could copyright your text or pictures and such explaining the idea. But if someone explains your idea in entirely differend words and pictures you can't sue over that.

Ain't no lawyer but think you can't patent an idea either. And if you do, if you don't have more money than whoever wants to steal your idea, then the thief's lawyers will make a fool of you in court.

 

Well said

[Dustbuster]

Besides using the net to read up on it there's a law firm in nashville that does patent, copyright, and intellectual property work. Waddey and Patterson if that helps


Sent from my iPhone using Tapatalk 2

[mikegideon]

There should be a bunch of IP attorneys in Nashville because of the music industry. It's a big money game. You can file for a copyright without an attorney. You just have to download the forms, fill them out, and send them in with a fee. With that said, Lester hit on the most valid points.

[DaveTN]

As soon as you make it, patented or not, the Chinese will copy it and there will be a bunch of links on the gun forums for a “better price”. We are our own worst enemy when it comes to the economy.

[mikegideon]

As soon as you make it, patented or not, the Chinese will copy it and there will be a bunch of links on the gun forums for a “better price”. We are our own worst enemy when it comes to the economy.

 

You can sue the Chinese for infringement. Wise words from a good friend of mine... "A patent is only as good as your ability to defend it". Another friend of mine blew his entire inheritance defending one of his patents. He got to keep his house. Another friend got one and sold it to a big company for a big check. Friend C did it right, but it was a rare case.

 

BTW, All three of the guys above are innovators, and have successfully taken their designs to market. I'm talking designs that generated millions in sales for each product.

Edited July 28, 2013 by mikegideon

[Guest Lester Weevils]

Some random ignorant thoughts--

 

Copyrights and Patents don't necessarily offer much protection of a pauper against scoundrels, but they do have uses. For one thing, not everybody is a scoundrel, though sometimes it seems we have more scoundrels nowadays, but scoundrels have rarely been in short supply.

 

It is said (and appears to be true) that some big companies that keep a stable of lawyers on staff, the lawyer expense is a "sunk cost" so why not use em to the company's benefit? OTOH there are some companies that want to do the right thing, and a lot of small/medium sized companies will avoid lawsuits like the plague because it eats into the bottom line too much. So the copyright or patent is kinda like a "no trespassing" sign, and there are companies that will observe the "keep out" sign because they can't afford the downside hassle and expense.

 

So if some companies want yer stuff, they will tend to dicker to license it rather than steal it. The little company I work with wouldn't dare touch anything without a clear license. If it is cheaper to buy a license rather than roll our own, we'll buy a license. We can't afford the risk of "borrowing" some random useful piece of IP and filing off the serial numbers. Some big companies might just use the idea and then crush you in court if you make a stink about it.

 

Patents are especially useful for big companies, because they can get together with other big companies and treat their stacks of patents like baseball trading cards among their polyopoly buddies. Keep the little guys froze out. Hey, lots of "little people" get retirement income from big company stock, so it is a benefit for even small people if the big dogs with deep pockets can protect patents. Whether that improves innovation and competition is another question.

 

One time long ago I had an idea that didn't appear patentable, but looked like 3M could make some money on the idea, so I phoned em for a nondisclosure agreement. Reading the NDA legalese, it basically sounded like "if you don't have a patent and you discuss your idea with us, we might use the idea, and we might pay you if we use the idea, but not necessarily." So at that time in the past, it looked like a patent would be like a "letter of introduction" for serious discussion with a big corporation.

 

Another option for trying to make some money on an idea like that, would be schmoozing rather than a cold call. Get to know a contact in the right place in the company, and develop a good enough relationship that maybe they would pay you a consulting fee or SOMETHING rather than just taking the idea and claiming that they were already planning the same product, only better and more refined than your idea.

 

Ferinstance, many successful songwriters are untiring schmoozers and self-promoters. They live on their copyrights, but songs are a penny per gross. If they have good relationship with lots of well-placed friends, and keep knocking on doors, then every once in awhile even a blind squirrel finds a nut. They spend so much time schmoozing and knocking on doors, there really isn't much time to make a living doing anything else except schmoozing. So they need some saved up living money, or money from Dad, or at least a REAL tolerant spouse to support them for years before they ever make much money.

 

The schmoozing applies to other fields as well. You need to be at least SOMEWHAT "on the inside" of whatever market niche you are trying to crack.

 

My biggest gripe (and a lot of folks pet gripe) are frivolous patents. The gov doesn't pay patent examiners very much, and a lot of real crap patents get thru. If the patent covers something people actually use (and sometimes have been using for many years, considering the idea too trivial to patent), then that is time when a big company crushing the patent is a good thing. Because a small company that has been using the "newly patented technique" for many years, might have to legally fight off a lawsuit from some idiot who thinks his obvious idea is the greatest work of genius since the invention of fire.

[Guest Bonedaddy]

One thing you can do to protect an idea until something is done with it, is to write it down, in full detail and mail it certified back to yourself and never open unless needed in court to dispute a theft. This was told to me by my late Uncle Les Rose who inherited the Rose and Acuff library of songs. That way you have an official date on it that can be whooped out on'm.

[mikegideon]

One thing you can do to protect an idea until something is done with it, is to write it down, in full detail and mail it certified back to yourself and never open unless needed in court to dispute a theft. This was told to me by my late Uncle Les Rose who inherited the Rose and Acuff library of songs. That way you have an official date on it that can be whooped out on'm.

 

Called a poor man's copyright. Don't think they work anymore. Your uncle was a pretty big player in his day.