Legal Question in Intellectual Property in New York
Copyright for a production
Will I receive an immediate registration for my copyrighted idea to be submitted 4/16/07, specifically for TV Reality Show?
3 Answers from Attorneys
Re: Copyright for a production
One can not copyright an idea, but, in this context, only a specific written document.
Re: Copyright for a production
Copyright Office Circular 31 (available on the Web) states that ideas are not protectable by copyright. What can be protected by copyright is the particular expression of an idea adopted by the author.
Re: Copyright for a production
I agree with David Browde. If, however, your "idea" is in the form of a treatment with well-defined characters, settings, synopsis, etc. you may be able to effect registration. In that case you're protected as far as registration from the moment the Copyright Office receives the application. So send it by recipted mail. Once you register, you're still at risk because the law applies to original expression, not mere ideas, so you may still confront a potential infringer one day. Your registration will still help in making your allegations as to the treatment's existence, you will have preserved your ability to bring suit and, should you win, be eligible for significant statutory damages.