Legal Question in Intellectual Property in California

Copyright Protection on an Idea

First of all, sorry if I had used the wrong title for my inquiry. I am interested to find out how to protect my idea from being pirated or used without my permission because I invented it and it's about an internet service structure that I would need a programmer to build for me. I don't want to release the idea to the programmer yet because I want to take the proper steps first to protect myself from him (just in case and you never know nowadays)from using the idea for his own and dumping me after I have done given him the idea. In short, I want to protect my idea from being pirated, to have something to hold on that I can use so can come after whoever I give it to while I am still in the process of creating it and the business has materialized already. Thanks for any legal advise you can give and if not, thanks but at least I tried here. Johnny


Asked on 10/10/06, 5:31 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Copyright Protection on an Idea

Copyrights won't protect ideas, at least in the sense you're using the term "idea."

Copyrights protect creative works such as books, essays, paintings, photographs, and other original works of artistic expression that have been reduced to a permanent physical medium. Your idea, if it can be protected at all, would probably require a patent.

One possible way to handle your problem is to divide up the programming work between code writers who don't have access to each other or to the entire algorithm. Also, especially if this is impractical, always use a lawyer-drafted non-disclosure agreement that includes the programmer's acknowlegment that you are imparting valuable trade secrets the he or she must not further disclose nor misappropriate.

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Answered on 10/10/06, 6:07 pm


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