Copyrighting an idea?

[draymorton]

Can you set things up so that your personal take on a specific concept stays somewhat your own, subjecting anyone who tries to replicate it too closely for commercial purposes to a legal smackdown?

(...or is it just up to you to be so awesome at what you do that few could get anywhere near the same results?)

Thanks for any thoughts.

[brmill26]

Ideas by themselves are not copyrightable... or protectable in any legal form. The reason is a practical one - it'd be impossible to prove because there's no evidence! Copyright protects the expression of an idea. By law, your idea must be "fixed in a tangible form." That means it must be something physical. For photography, that means film, a digital file, a paper print, etc.

The only legal protection that does what you described is Patent. But patents only cover processes and/or physical, functional things. In other words, if you developed a camera mount that moved in a certain, unique way, that device could be protected by patent. That would prevent anyone from making a device that did the same thing.

Copyright doesn't prevent someone from doing something similar. As the name implies, it's meant to prevent copying (or modifying of your original work). For example, if you shoot a single tree on medium format B&W, Ansel Adams' estate can't sue you. But if you copy Ansel Adam's original image, you're in big trouble.

[draymorton]

Thanks Brad. Makes sense. I think my question was really wishful thinking in disguise. I had an idea - an exact idea - stolen from me recently and, not that I was going to bother trying to do anything about it, I was just wondering if someone in my position would have a leg to stand on legally.

I guess the morals here would be a) don't go blabbing about your idea to the wrong people and b) always have another idea.

Thanks again.

[brmill26]

Man that really burns doesn't it? I can't blame you for that. But I think you've got the right idea for the future.

[PeteE]

A lesson learned. Van Gogh painted in a very distinct style. I could paint in that style as long as I didn't paint the same exact painting and call it a Van Gogh. Maybe I could use his style and paint a great painting. How ever good it was I would be called a copy cat and never be given credit for a great painting.

This is the same with a great idea. You can not prevent others from using it but if you acted on it and brought it to the world. It would be yours. Any one using that idea would have to credit you or face losing their reputation.
Example- If I quoted a long dead person and called it my own. You know what would happen.

If your idea is a process keep it to your self. Use it and only on your death bed reveil it. hee hee If its a good one others will try to emulate it but it will be known as the Draymorton process. Your fame will grow and hopefully so will your pocket book.