Copyright law is confusing. Consequently, it’s frequently misunderstood.
Many people think copyright law protects ideas.
Wrong.
Copyright law does not protect mere ideas.
Not in your head. Not in your bed. Not in your book. Not on a hook. Not in a play. Not in any way. Not in your code. Not in any mode. And yes, I’ve been reading a lot of Dr. Seuss lately.
And copyright law does not care about proper attribution of ideas. That’s the province of the morality and plagiarism. College grads may be confused because their professors made it seem like all plagiarism is illegal copyright infringement. It’s not.
Further, copyright law does not protect concepts, facts, names, titles, slogans, procedures or methods.
Copyright law only protects “original works of authorship fixed in a tangible medium of expression.”
Copyright law protects the creative expression that explains an idea if it is fixed in a tangible form like scribbling on the back of a napkin or typing in a computer program.
Copyright law protects how you write about an idea on a piece of paper but not the idea itself. The line between an “idea” and the “creative expression of an idea” can be blurry. It keeps lawyers fighting in court. For example, have you ever wondered about copyright infringement cases based on stealing the “ideas” for TV shows? These types of cases tend to give the general public the mistaken impression that naked ideas are protected by copyright law. They aren’t. Copyright law may protect a written expression of an idea that includes a complex outline, well-developed characters and plot.
You can’t claim a copyright on a naked idea. So if you have a brilliant idea, write it down in complex, creative detail and you automatically have a copyright.
Also to read why “ideas” are not protected by patent law, read the post on Patent Myths.
The information provided in this legal blog is not intended as legal advice and does not create an attorney-client relationship. Please do not submit questions or comments seeking legal advice or submit confidential information through this blog. By communicating through this blog, you understand and agree that the information will not be treated as confidential and the publisher has no duty to keep it confidential.
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