Legal Question in Business Law in California

I have certain ideas that are that serve as the back bones for the businesses I am starting. When making a business many people write these ideas into very specific business plans that describe how the organization will behave within the scope of the next, say, ten years; along with a big list of other projections.

My question is: Can a person copyright a business plan, or certain function of their business, that is unique and revolutionary?

I am trying to prevent people from taking new and original ideas and using them for a profit without me. I have used nondisclosure and non-competition agreements before but many have said that they are not very effective in California and that the best way to protect my plans are through patent law, which would not be applicable to much of what I do.


Asked on 8/10/11, 3:43 pm

4 Answers from Attorneys

Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Although non-competes are essentially unenforceable in California, the protection of Trade Secrets is enforceable. It comes down to how your NDA is worded.

If you are truly worried about confidentiality then copyright registration may not be wise since they are public record. Unfortunately, the correct strategy to what you are doing depends on your specific situation so I can't give you a solid answer.

Read more
Answered on 8/10/11, 3:48 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say you don't want to use copyright protection - it doesn't protect an idea. As the other attorney mentions, trade secret is the best route. Only disclose ideas on a need-to-know basis and always use a well-drafted NDA. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Read more
Answered on 8/10/11, 4:12 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In my opinion, Mr. Murphy's answer is the more useful of those you've received so far. A business plan can be copyrighted, but the copyright wouldn't prevent anyone from using the ideas prevented in their own business. All a copyright does is prevent others from copying the words you wrote down. Any thoughts behind the words are NOT protected by copyright.

Read more
Answered on 8/10/11, 9:23 pm

You can only patent a process, method, device, or compound, etc., not a business idea. I disagree that non-compete's are not effective in California. They are not effective as to employees generally, but they can be quite effective in partnerships and other business arrangements if prepared properly. The core of any protection of your ideas, however, is going to be well drafted non-disclosure and trade secret preservation documentation. If you really have business ideas that are that valuable, you should invest in forming a relationship with a good business attorney, rather than looking for internet Q&A advice.

Read more
Answered on 8/11/11, 1:48 pm


Related Questions & Answers

More Business Law questions and answers in California