QUOTE(Chris Hamilton @ Nov 27 2008, 12:16 AM)
QUOTE(Chris Hamilton @ Nov 26 2008, 06:55 PM)
For it to be "intellectual property" don't you need to prove that it belongs to you and not anyone else?
I was asking in a purely hypothetical sense, but hey it's your forum if you don't want me asking.
OK - as long as we're talking generalities, the short answer is no.
For it to be -your- intellectual property, you will need to prove it belongs to you in order to prevail in legal action.
It's always IP, so it's not a matter of when does it become such - it becomes such at the moment of conception. It's a matter of ownership, and that's quite a different matter, especially as there are different forms of protection available depending on the form of the IP.
*generally* - you can patent a 'thing' which (as originally conceived) means you can charge others a fee (the royalty) for the reproduction of the thing. (It was not intended as a means of granting you the exclusive right to manufacture, but that is its current effect.) And patent history is rife with people who were able to patent someone else's idea first, thereby gaining legal ownership of the rights. And there are even lots of cases where multiple people, working completely independently, came up with the same ideas at essentially the same time. (These are almost exclusively from the pre-Internet-universally connected days. I don't think there are many patents filed these days by people working completely independently...)
In today's world, tho, the patent process exposes many details to the public, and producing an actual product does the same. What if your factory has a special widget-making machine that uses some unique process by which it's possible for you to make widgets cheaper, faster, and better than any one else? Is there protection for that? Sure - it's called 'trade secret' and the thing is - you must treat it as secret. Label the files - put measure in place to make sure they do not escape - make everyone who sees the material sign nondisclosure statements...
(As long as we're talking hypothetical generalities, here's a HYPOTHETICAL drawn from the material in this thread. Suppose you have a cylinder head that's just a normal production-car cylinder head. But you have a machining process using post-industrial dilithium crystals and a coolant bath of hummingbird spit that lets you cut valve seats in one second. You don't patent that process because you never plan to mass-product the machine, and if the secret were out, every one would do it. Treat it like a secret, and if some one steals the idea, you have a cause of action.) I gather that there is an element of this in play here.
Copyright protects 'an expression.' A picture - a painting - a story. It's the property of the maker the moment it's made. Currently I believe the duration of a copyright is life of the maker plus 75 years, but it's changed several times through the years. But it is the expression that is protected - not the idea. You may feel "Romeo and Juliet" was a shameless ripoff of "West Side Story" but most would agree the difference is in the telling...
Copyrights are fairly easy to give away, unfortunately, especially in these Internet days, and I am not qualified to post specifics. Suffice to say that it's probably best to display the copyright you claim along with the material you want protected. There are levels of copyright protection that involve government registration of interest of serious, professional generators of protectable content - photographers, writers, musicians - like that. Way beyond the scope of this thread...
Trademark and servicemark exist to give you the (more or less) exclusive right to a word or phrase to identify your product. e.g. - Porsche claims 'visual trademark' on the unique shapes of (most of) their cars, including 911 and 928 (but not 914...). Some things (like numbers...) can't be trademarked, which is why the "next generation" of Intel computer processor, following the 8086. 80186, 80286, 80386, and 80486 was - ta da - 'Pentium.' (AMD was starting to use "x86" numbering...) And yes, we all know the '911' isn't a '901' because Peugeot complained about the "middle zero." French laws are different...
And you can't get a registered trademark on everyday words with common meanings. Like "Windows." (OK, bad example...)
Lots of technical products have *multiple layers* of protectable IP. A computer chip may have a patentable circuit implemented with a patented ion deposition process using a patented combination of rare gasses making a computer with copyrighted fabrication layout graphics and schematics and principals of operation, with a trade-secret fabrication foundry machine resulting in a part with a trademarked name.
Of course, this is all an existential and legal issue.
Something _is_ intellectual property as soon as it's created.
It _might be_ yours legally, unless someone else files to protect it first (and they had a right to do so, meaning they came by the material legitimately). It doesn't have to be yours for you to claim it's yours, which is when the lawyers get involved...
You don't have to file for any kind of government protection for IP to *be* yours, but in many cases it strengthens your position (a lot). Like many rights, they can be lost or given away. If you don't act like you want something protected, generally, your protections will be lost. (This thread is about Jake and Len acting like they want their stuff protected.)