Copyright Info

I have an idea for specific type of greeting card. Since it is

obviously not copyrighted yet I will provide an example of the idea in

a close analogy: A specific line of greeting card geared for kids in

summer camp to send home, for all occasions. All the cards would have

the same motif, like a kid getting tangled in the rope ladder saying

he's having soooo much fun, or a kid looking at his plate of food and

there is an eye looking back up at him from his plate and he says

mom's cooking never looked so good. I planned on having a specific

name for the cards, ex: campcards. My questions are this: Is such an

idea copyrightable at all? should I get a patent instead? And

whichever is the best choice, what is the best way to go about making

it happen? (like find a patent lawyer in your area specializing in X

field). Thank you in advance, researchers.



One thought on “Copyright Info

  1. Dear perfshnerf-ga;

    Thank you for allowing me an opportunity to answer your interesting

    question.

    Let us first discuss the difference between copyrights and patents:

    Copyright gives a person the sole right to control and distribute work

    that they have done and legally entitles only them to be the sole

    party authorized receive payment for such work. Normally this is an

    author, artist, journalist, programmer, etc.

    Patents, on the other hand, give the owner exclusive legal rights to

    the use of his idea, process, trade secret, device or invention for a

    period of time. People often seek patents for new technology,

    industrial processes, new improvements to existing systems (as long as

    nobody has thought of them before). A person holding a patent may sue

    or prosecute anyone else who makes anything that can be proven to be a

    copy or resembling their idea so closely that it is clearly born of

    their original concept without first getting permission from the

    patent holder.

    Another option available to you that you failed to inquire about is a

    trademark. While a copyright protects original works of expression, a

    trademark protects distinctive words, phrases, logos, symbols, slogans

    and any other devices used to identify and distinguish products or

    services in the marketplace. It also protects the product or service

    name, graphics, logos and any slogans used in the advertising.

    A trademark is, I believe, the protection you are probably best to

    pursue. You will not be able to prevent people from designing cards

    for kids to send home from camp if this turns out to be a lucrative

    endeavor, but you can protect your catchy logo, slogan or other thing

    that is unique to your idea from being used by others. What will this

    do for you then? Simple – take a look at other items that have been

    marketed and became household names. People rush out to buy “those”

    items even though there are many others like them on the market. The

    reason being is that the companies have spent millions to get their

    name recognized and it pays off in big returns. If you want to impress

    someone, you might not want to buy just any card, you might prefer to

    get a Hallmark card. This is because Hallmark has spent millions of

    dollars convincing you and everyone else that they are the best. Other

    examples are Coca-Cola vs. RC Cola, Tylenol vs. Ibuprofen, and so on.

    The trademark protects someone selling a similar item (which you are

    not at liberty to prevent) from capitalizing on the money you have

    spent on marketing your item and stealing your recognition, not your

    idea. It does serve to discourage some people from trying to compete

    with your product but it doesn’t necessarily stop them from trying to.

    The answer to your last question then is this: find a lawyer in your

    area who specializes in trademarks. When you do, you will probably

    also find one who specializes in patent and copyright law as these

    legal issues often go hand-in-hand.

    Try this link for starters:

    SWITCHBOARD.COM

    http://www.switchboard.com/Find/Attorneys_Patent-Law.asp?LNK=65:13

    Do yourself a huge favor though; avoid all those Internet related

    businesses that offer to do the work for you for a fee. Some of them

    aren’t very reliable and you may not be getting the protection you

    think you are paying for. Make the calls and do the work yourself.

    It’ll be worth the effort.

    Below you will find that I have carefully defined my search strategy

    for you in the event that you need to search for more information. By

    following the same type of searches that I did you may be able to

    enhance the research I have provided even further. I hope you find

    that that my research exceeds your expectations. If you have any

    questions about my research please post a clarification request prior

    to rating the answer. Otherwise, I welcome your rating and your final

    comments and I look forward to working with you again in the near

    future. Thank you for bringing your question to us.

    Best regards;

    Tutuzdad-ga

    INFORMATION SOURCES

    WHAT’S THE DIFFERENCE BETWEEN COPYRIGHT AND PATENT?

    http://modecideas.com/faq12.html?faqsubpat

    HOW DOES TRADEMARK DIFFER FROM COPYRIGHT?

    http://www.nolo.com/lawcenter/faqs/detail.cfm/objectID/AAC160F3-CCDC-4C4A-9A92BB0A62CCF8DC/catID/D8932879-DC34-43DF-BF65FC92D55FEE5D#995A5039-4B54-4B79-A87065A73E4A0D06

    WHAT'S THE DIFFERENCE BETWEEN PATENT AND TRADEMARK?

    http://www.nolo.com/lawcenter/faqs/detail.cfm/objectID/AAC160F3-CCDC-4C4A-9A92BB0A62CCF8DC/catID/D8932879-DC34-43DF-BF65FC92D55FEE5D#995A5039-4B54-4B79-A87065A73E4A0D06

    SEARCH STRATEGY

    SEARCH ENGINE USED:

    Google ://www.google.com

    SEARCH TERMS USED:

    COPYRIGHT

    PATENT

    TRADEMARK

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Copyright Info

Has the copyright for Peter Ibbetson by George du Maurier expired?



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