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[KimYM]

I am involved in a research project.  My theme of research project was pretty clear from the beginning and every coworkers knew about my main idea of research.


One of my coworker is trying to take my main idea and doing her own project based on this main idea.

Is this fall under stealing the intellectual property?

Thank you.

[MYK]

Whether you have legally enforceable IP rights is a different question from whether your coworker is behaving unethically.

[KimYM]

Dear MYK,

Yes, there is no question that is unethical.

At what point it is legally enforceable IP rights?

I didn't get my research published or registered my work because it is in progress.  I have been doing my research for over 6 months.

Thank you for your response.

[sikoralaw]

Hi There,

I stumbled upon http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/8-a.html,  I think it clearly addresses your question:

Ideas

Copyright law does not protect ideas; it only protects the particular way an idea is expressed. What’s the difference between an idea and its expression? In the case of a story or movie, the idea is really the plot in its most basic form. For example, the “idea” of the movie Contact is that a determined scientist, seeking to improve humankind, communicates with alien life forms. The same idea has been used in many motion pictures, books, and television shows including The Day the Earth Stood Still, The Abyss, and Star Trek. Many paintings, photographs, and songs contain similar ideas. You can always use the underlying idea or theme—such as communicating with aliens for the improvement of the world—but you cannot copy the unique manner in which the author expresses the idea. This unique expression may include literary devices such as dialogue, characters, and subplots.

Does this help?

Michael

[KimYM]

Thank you, Mr. Michael.  Yes, that does help. 

So, they did steal my intellectual property.  I want to be clear on the definition of "expression".  I looked it up.

a : an act, process, or instance of representing in a medium (as words) : utterance <freedom of expression>

That is from http://www.merriam-webster.com/dictionary/expression

My research uses particular methodologies.  My coworker will use at least two or more of these methods for her project.  Therefore, I conclude that she is braking the copyright law. 

Here is another questions that arise:  If the methods she lifted from my research are not unique or original(some of methods were from my sources), is that consider "the unique manner in which the author expresses the idea"?  For example:  We will use the exact same instructional software.

Am I correct?  Please let me know if I misunderstood again.

[Smokin]

That's a stretch.

A method is more like an extension of an idea, not an expression of one. The fact that your work is not published means that it is unlikely your coworker copied anything protected.

If you are producing this idea for the company you are working for, then you don't own the copyright anyway, they do as a work for hire. And if a work for hire does no apply for some reason, then you still cant suppress competition by saying an idea or generic method of research is a copyright violation. All you can do is produce a better product than your coworker, or not.

[artchain]

Thank you, Mr. Michael.  Yes, that does help. 

So, they did steal my intellectual property.  I want to be clear on the definition of "expression".  I looked it up.

a : an act, process, or instance of representing in a medium (as words) : utterance <freedom of expression>

That is from http://www.merriam-webster.com/dictionary/expression

My research uses particular methodologies.  My coworker will use at least two or more of these methods for her project.  Therefore, I conclude that she is braking the copyright law. 

Here is another questions that arise:  If the methods she lifted from my research are not unique or original(some of methods were from my sources), is that consider "the unique manner in which the author expresses the idea"?  For example:  We will use the exact same instructional software.

Am I correct?  Please let me know if I misunderstood again.

Yes, you misunderstand.

Ideas, methods, processes, etc, are not protected by copyright.

Let me give you an example.  Suppose I write a cake recipe.  My description of the baking process is quite creative...  I include anecdotes, jokes, and personal thoughts.

If someone reproduces my recipe, as  have written it, they have violated the copyright that protects my creative expression.

On the other hand, if they take my recipe - the methodology for making the cake - and rewrite it in their own words, I have no protection.

[KimYM]

Mr. Smokin,

What you said, "If you are producing this idea for the company you are working for, then you don't own the copyright anyway" is false. 

Besides, my research is not in my job description.

Mr. Artchain,

My Methodology is directly correlated to my Identification.  The identification came about from my observations during years of teaching career.  My identifications are my observations and thought process and the mythologies followed from my personal thought.

Now I see why I was confused.  The idea is not protected, but personal thoughts do.  It seems to me it is the same thing. 

Thank you all for your time.

[artchain]

Mr. Artchain,

My Methodology is directly correlated to my Identification.  The identification came about from my observations during years of teaching career.  My identifications are my observations and thought process and the mythologies followed from my personal thought.

Now I see why I was confused.  The idea is not protected, but personal thoughts do.  It seems to me it is the same thing. 

Sorry, but I think you are still not getting this.  Copyright protects creative expressions...  in this case, the specific words you have used in your documentation.  It does not offer protection from your ideas, processed, methods, etc.  If someone copied these, you probably have no legal rights or recourse.

As far as Smokin's comments - if your work was done on company time, using company resources, it may well belong to the company.  Even if it was done on your own time, depending on your employment contract, and how closely the research relates to your job, your employer may still have ownership.

The general comments you are getting here are probably not enough to really resolve this issue for you.  You should consult with an intellectual property attorney who can review your specific situation and advise you of your rights, if any.

[Yak]

It is difficult to tell from the OP's posts what kind of job the research is being conducted for, but it is my understanding that many research companies and universities have codes of conduct which all employees ust agree to and sign. If this is the case and the co-worker has violated some defined codes of professional conduct related to employment or research, then that may be a better option to pursue.