Re: copyright an idea for a product that's on the market.
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Posted by M. Arthur Auslander on February 24, 2001 at 04:15:39:
In Reply to: copyright an idea for a product that's on the market. posted by victor saez on February 23, 2001 at 18:20:13:
: If I may, my question is this: I have an idea for producing a product. The product I want to produce is from a character that is already out on the market,(for example Batman, Superman, Poo-Bear, etc.); but the idea of the product I have is not out on the market yet. I did call the promotion agent of the character, but she said that they had sold and made a contract with two large companies. That I couldn't do anything to market my idea. Now, a friend of mine told me that wasn't true; I could copyright my idea still using their character and if they haven't come out with that idea yet or have copyrighted yet. I would hold the right to that idea and they would have to buy it from me before they can produce it for a profitable market. Is this correct? Can you be so kind enough to guide me in the right direction. I really don't have the money to produce the product, but I wouldn't mine selling the idea.
Dear Victor Saez,
There may be validity in what you have set forth but the law is much to subtle and complex to be able to give a clear answer from what you have set forth.
My guess is that, althought what you have said seems correct, that the nature of your idea may not be protectable.
We have a Reality Check (sm) for clients in your situation. The Reality Check (sm) helps you over the hurdle for the current idea as well as any new ones.
M. Arthur Auslander
The Intellectual Property Law Server
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