Copyright Question

4 Apr 2011 - 3:00pm
3 years ago
7 replies
974 reads
Adam Stevenson
2010

Hello all,

First of all, thank you in advance for any information.  I'm sure it will prove to be helpful, whatever the outcome.

Have any of you had an experience copyrighting a bit of web architecture?  I was reading up on copyright law, and it seems that once you create the bit of information, it is protected under copyright law.  You have to register it with the copyright office if you wish to persue litigation. 

If that's truly the case, then do I just have to mock up my new architecture, then I can copyright it, and begin marketing it?  I'm playing this one close to the chest for now, but I'm really excited about the idea, and no one seems to be doing it yet.  From a usability perspective, it stands to make this one process much simpler and more efficient. 

Again, thanks for any insights.

Comments

4 Apr 2011 - 3:51pm
Yohan Creemers
2008

Hi Adam, I'm not sure about the situation in the US, but in Europe every act of creation is protected by copyright automatically and immediately, as long as the created work is original.

The nasty part in enforcing your rights is proving that you are the creator, and that the work is original. You can use a copyright office to register your work and copyright. But there are other ways of proving you're the author. For example: send your creation by registered mail in a closed enveloppe to your own address (and keep the enveloppe closed).

Yohan
Ylab, designers for interaction
www.ylab.nl

5 Apr 2011 - 6:27pm
Samantha LeVan
2009

I'm not sure copyright applies to code snippets. If you have come up with a new architecture, it may be that you need a patent instead. Regardless, the mailing yourself thing doesn't always hold up in court. You need to document everything with dates and times. Keep excellent notes in a journal and do not share your idea unless it's been protected. If you need a patent, you'll start with a provisional patent, which gives you a year to complete the full patent process.

If copyright is what you need, spend some time at the official copyright office website and see whether you want to pursue that for your architecture.

27 May 2011 - 3:54pm
Chauncey Wilson
2007

Hi,
My wife is an IP lawyer of 30 years so I asked her about this issue.  As Samantha noted, the mailing yourself procedure does not hold up in court.  My wife said that the process mailing yourself your work as a way to prove that something is your intellectual property is an urban myth.  The best thing here is to talk with an IP lawyer. Keeping a notebook is an excellent suggestion.  Go to the PTO site and check out the requirements for a design notebook.
Chauncey

On Tue, Apr 5, 2011 at 7:47 PM, Samantha LeVan <tigerfork@gmail.com> wrote:

I'm not sure copyright applies to code snippets. If you have come up with a new architecture, it may be that you need a patent instead. Regardless, the mailing yourself thing doesn't always hold up in court. You need to document everything with dates and times. Keep excellent notes in a journal and do not share your idea unless it's been protected. If you need a patent, you'll start with a provisional patent, which gives you a year to complete the full patent process.

If copyright is what you need, spend some time at the official copyright office website and see whether you want to pursue that for your architecture.

(((P
6 Apr 2011 - 2:45am
philipbrook
2008

Copyright applies to words and images so any code, being text-based is copyrightable (i.e. literally the right to copy. If memeory serves me well, Henry VIII granted the charter to legally make copies of work to Oxford Uni Press).

(in the UK and Euroland) if you have created words or pictures , those words and pictures are automatically yours by right. You have to allow someone else the right to copy them.

Under copyright law, if someone copied the actual drawing of your architecture, you could sue. BUT if someone uses the architecture structure for something, you probably couldn't. Why? You can't copyright an idea...

If it's new (unique) process you could patent it or try looking at design rights (more for objects) which allow a few years to exploit a design.

Have a look on here:

http://www.own-it.org/

 

27 May 2011 - 3:53pm
whitneyq
2010

I'm not sure you can copyright an architecture. To oversimplify.

Copyrights express a single expression of an idea. (so you can't copyright a story idea, but you can copyright the version of the story you tell). It's intended to protect copying an entire work. In the US as in Europe, copyrights are implicit. In the US, they are managed by the Library of Congress.

Patents protect ideas. They are designed to protect invention of new ways of doing things. Long and arduous to get, pretty much anywhere. Rules differ as to the date of protection (from invention or from filing)

In all cases, the real issue is how to defend either, since you have to enforce your own rights.

For one of the challenges of patents, see Stephen Johnson and "the adjacent possible" for why there is so much simultaneous invention.

In some cases, lead time is the best protection, which is why companies have non-disclosures and trade secrets. Trade secrets are often fiercely protected, especially when the idea or process is not patentable.

Whitney

On Mon, Apr 4, 2011 at 4:28 PM, Adam Stevenson wrote: > Hello all, > > First of all, thank you in advance for any information.  I'm sure it will > prove to be helpful, whatever the outcome. > > Have any of you had an experience copyrighting a bit of web architecture?  I > was reading up on copyright law, and it seems that once you create the bit > of information, it is protected under copyright law.  You have to register > it with the copyright office if you wish to persue litigation. > > If that's truly the case, then do I just have to mock up my new > architecture, then I can copyright it, and begin marketing it?  I'm playing > this one close to the chest for now, but I'm really excited about the idea, > and no one seems to be doing it yet.  From a usability perspective, it > stands to make this one process much simpler and more efficient. > > Again, thanks for any insights. > > (((Pl

27 May 2011 - 3:53pm
cfmdesigns
2004

Be sure you aren't confusing copyright, trademark, and patent. It's not clear to me that you get much from claiming a copyright on your architecture drawing or description; copyright doesn't really cover the underlying concepts, just the particular form you've put them down in.

27 May 2011 - 3:53pm
Pratapaditya
2010

Hi,

I am interest to see a copy of copyrighted sitemap.


Regards
Pratapaditya Sarkar

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