How to Copyright Your Invention

Although most people automatically jump to do a patent on new invention ideas, that may not always be the best course of action, especially in the beginning. Without knowing with some kind of confidence that an invention is marketable, spending thousands of dollars patenting it may be foolish, especially when other options are available. A copyright can often keep those who might otherwise try to steal a product idea from accomplishing that goal. It can stop the making of copies, distribution of copies, or making of new works that incorporate parts of the work protected by copyright. In certain instances, as in the case of musical compositions or plays, it can prevent the copyrighted work from being displayed in public or from public performance.Copyrights are set to specifically protect literary works and manuscripts; works of art such as pictures, photographs, and technical drawings; musical works; dramatic works; choreographic works; motion pictures and other similar or related audiovisual works; sound recordings; and
computer programs. If an invention involves any of those components it can be protected by copyright by following the steps noted below.

Difficulty: Moderate

Instructions

Things You'll Need:

• The literary work, manuscript, picture, photograph, technical drawing, musical work, dramatic work, choreographic work, motion picture, audiovisual work, sound recording or computer program
• Information about the various types of copyright
• A computer with access to the Internet
• Paper
• Pens or pencils

1. Identify how the piece of work to be copyrighted is original in nature from anything else on the market. While it does not have to be different in every way, in order to obtain a copyright, it is necessary to identify a certain amount of originality. Copyright protects the "expression" of the work in question, not the actual idea, invention, discovery, procedure or process behind it. However, there is allowance for a creative interpretation of what is considered to be part of the piece of work's "expression." That is why, in many cases, copyrights can actually provide stronger protection than patents.

2. Determine which type of copyright is appropriate for your type of invention. For the purposes of most inventions, any copyrights will be filed on the work's technical drawing. Therefore, it is imperative that the drawing being both thorough and totally complete. Leave nothing open for reinterpretation.

3. If you are not a skilled in technical drawing yourself, hire a professional. Vocational technical centers, colleges and universities, and even high schools can be good resources for finding someone with the appropriate skills. Sometimes students, at the higher level, are perfect candidates. In other instances, instructors will moonlight to make extra money. Either way, you can obtain a highly professional drawing without a high cost. If those resources do not work, call around to local companies that use mechanical design engineers. Again, some employees many moonlight to make extra dollars. If not, the company itself may be willing to provide the drawing. However, in the latter instance, be prepared to pay much higher rates.

4. If anyone other than you prepares the technical drawing, be sure to have him or her sign a release to transfer the ownership of it to you. According to common copyright law, whoever does the drawing is the automatic owner of it unless otherwise specified. You don't want to get all the way through the invention process only to find out that someone else owns the rights to the technical drawing. It could tie you up in court for quite some time, attempting to straighten out the situation. And it could cost your major dollars before everything is said and done.

5. Once your technical drawing is ready for copyright, decide if you can copyright it online or via standard mail. To determine which procedure will work best for you, go to the U.S. Copyright Office website and through the information presented there.

6. Prepare the appropriate copyright paperwork. Various types of copyrights include a TX copyright, which is for literary material, including computer programs and databases; a VA copyright, which is for pictorial and graphic works, including cartographic material; a PA copyright, which is for audiovisual material, including any sounds, music, or lyrics; a SR copyright, which is for sound recordings; a SE copyright, which is for a single issue of a series of works; a SE/Group copyright, which for a group or series of copyrighted works like newsletters, and a CR/CP copyright for a group of contributions made to a periodical. The CR/CP copyright is, however, filed in conjunction with a TX, PA or VA copyright. For most inventions, the appropriate copyright will be a VA.

7. Determine the appropriate paperwork to send in with your copyright. This will be based upon the type of copyright you are filing.

8. File your copyright paperwork with the U.S. Copyright Office, 101 SE Independence Avenue, Washington D.C., 20559-6000 or online. Make certain everything required for the copyright is included and that you have appropriately signed all paperwork. Do not forget to include the filing fee.

9. If a copyrighted piece of work must be revised, follow the procedures outlined in Circular 14, Copyright Registration for Derivative Works, of the U.S. Copyright Office or as outlined on the U.S. Copyright Office website. Keep in mind that the registration of a revised piece of work only covers that part of the materials revised. Therefore, do not allow the original copyright to lapse thinking that the revised copyright covers everything.

Tips & Warnings

• Consider copyrighting your invention's technical drawing even if you intend to patent it. The extra piece of inexpensive protection can be helpful if anyone attempts to steal your invention.
• Your registration becomes effective on the day that the Copyright Office receives all of your paperwork.
• You should receive a copyright certificate within six months of filing.
• Registering a copyright makes it a matter of public record.
• Most copyrights last for the length of the author's life plus an additional 70 years after his or her death. If the copyright is joint, then it lasts until after 70 years after the last surviving member's death.
• Works made for hire or copyrights done anonymously or using a pseudonym lasts for 95 years from the work's publication or 120 years after its creation, whichever is shorter.
• Do not file the wrong or incomplete copyright paperwork. Failing to file the right type of copyright or an incomplete copyright could result in your invention not being properly protected.
• Never try to copyright a sketch. A technical drawing is much more detailed and contains information that can be copyrighted. A sketch does not meet the same requirements.
• Never forget to make certain that your technical drawing is legally your property.

[bizewriter]

on 2/14/2008 I love the ideas for hiring an illustrator!