Monday, February 4, 2013

How to go about protecting my cartoon idea from all directions?

Q. Alright so I have an idea for a television cartoon that I think is really great (Dont we all lol). I just want to know is there a way to copyright/patent the characters look, story plot and if possible character voice and personality? I just want to protect the crap out of the idea, since I've heard of situations where a company will turn the idea down telling the creator they arent interested, then turn around and basicly steal the idea and use it anyways without paying the guy who gave them the idea.

A. I've had a situation similar to this. (wanting to protect an idea). Sadly, you can only copyright names, character designs and exact words. Actual plots or ideas cannot be copyrighted. (Ex- Dracula and Vampires, REPO! and Repo Men). Unless someone takes the story literally word-for-word, there is no actual way to keep someone from taking your plot/idea. Even character designs can be a bit tricky to copyright due to parody and slight changes.

How does one go about marketing an idea for a sports related souvenier?
Q. A friend has an excellent idea for a souvenier for our Milwaukee Brewers. She looked into patents and they are too expensive. Any ideas on how she can market her idea and get royalties from it?

A. Unless you have the funds to defend a patent infringement or if you hope to sell your company (with the patents as part of the intellectual property), it's not worth patenting.

Realize that even if your friend has a great idea, creates a prototype, and has potential clients sign a nondisclosure, there's no guarantee that the client won't simply copy the idea and produce it them self.

The problem arises when your friend wants to use another company's copyrighted logo/image in their product. Unless the image is in the public domain, you'll have to license it. To license it, you'll have to explain how you want to use it, and show off your idea, and pay money.

Instead, your friend may want to approach a company that already produces souvenirs for the Brewers, and offer to license the idea to them.

Realize that her idea is just that - an idea. Someone eventually needs to implement it and mass produce it, which takes time and money.

What is the easiest way to protect an idea without a patent?
Q. Getting a patent on a good idea is a waste of money. A large company can use the idea knowing you probably do not have the money to protect the idea. I just want to explain the idea and not get cheated. I am not looking for billions of dollars. I am willing to release my idea for a little money such as royalties.

A. First off, you can't patent an "idea." You have to have a working prototype, and you can patent it. You can also patent the technique.

That being said, a patent is designed to prevent exactly what you say. If you have a patent and a large company takes your idea, you sue them, and poof, you win.

It sounds like, however, you aren't looking to patent your idea anyway. It sounds like you are looking to sell your idea to a company so that they can produce it. If that's the case, you should contact a lawyer who specializes in contract law, and let them know what you are trying to do. They can probably help you make sure that you can get your deal done and still be protected.

How do you pitch an idea to an established business?
Q. I would like to pitch an idea to an established business with several stores nationwide. How do I go about this without the fear of idea theft?

A. Wow, that's not an easy job actually.

First you have to patent or trademark your idea. Go and find out from your local patent authority on how you can patent your ideas and protect them idea theft.

If you are successful in patenting that idea, then you can start pitching to the large businesses and then see if they would buy your patent.

I would suggest you NEVER go into that pitching session without first protecting your idea.

However I do suggest you throw that idea around your family and friends and allow them to refine the idea for you better.

While you need to protect your idea, you also need a second opinion about it from people who would not steal the idea. =)



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