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cityshark's avatar

How do you copyright a business plan?

Asked by cityshark (100 points ) March 18th, 2008

How much does it cost? Where do you go to fill out the paper work? How long does it take?

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5 Answers

richardhenry's avatar

I’m assuming that this is a business plan for distribution or sale? If it is a personal business plan, then there is absolutely no need to think about this (not least because your plan is likely irrelevant for others).

From Wikipedia, on Copyright: http://en.wikipedia.org/wiki/Copyright

Obtaining and enforcing copyright

Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some ‘skill, labour and judgment’ that has gone into it. In Australia and the United Kingdom it has been held that a single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead.

Copyright law recognises the right of an author based on whether the work actually is an original creation, rather than based on whether it is unique; two authors may own copyright on two substantially identical works, if it is determined that the duplication was coincidental, and neither was copied from the other.

In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights. However, while registration isn’t needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney’s fees. (In the USA, registering after an infringement only enables one to receive actual damages and lost profits.)

The original holder of the copyright may be the employer of the author rather than the author himself, if the work is a “work for hire”. For example, in English law the Copyright Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a “Work for Hire.”

Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. (See: File sharing and the law)

Copyright notices in the U.S.

Prior to 1989, use of a copyright notice — consisting of the copyright symbol (©, the letter C inside a circle), the abbreviation “Copr.”, or the word “Copyright”, followed by the year of the first publication of the work and the name of the copyright holder — was part of United States statutory requirements. Several years may be noted if the work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle), which indicates a sound recording copyright. Similarly, the phrase All rights reserved was once required to assert copyright.

In 1989, the U.S. enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit.

“Poor man’s copyright”

A widely circulated strategy to avoid the cost of copyright registration is referred to as the “poor man’s copyright.” It proposes that the creator send the work to himself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. While such a technique might have evidentiary value in a court of law, the method is potentially flawed because the United States Postal Service does not require an envelope to be sealed before it is mailed. The United States Copyright Office makes clear that the technique is no substitute for actual registration. The United Kingdom Intellectual Property Office discusses the technique but does not recommend its use.

richardhenry's avatar

If you are in the US, you can register for copyright using these forms: http://www.copyright.gov/forms/ . In addition, you can call the Copyright Office for more information on (202) 707–3000.

For the UK, you can get more information on this subject from the Intellectual Property Office at http://www.ipo.gov.uk/copy.htm , or phone them on 0845 9 500 505.

cwilbur's avatar

Why do you need to copyright the business plan in the first place? That just protects the written expression of the ideas, and if your projections and plans are that valuable, they probably fall under trade secret protections anyway. If your idea is that valuable, it might be worth patenting, but odds are it’s not.

Any successful entrepreneur will tell you: ideas are a dime a dozen. It’s the hard work that turns an idea into a successful product that matters.

richardhenry's avatar

cwilbur hit the nail on the head there.

digitaljesus's avatar

As a business owner myself, I second cwilbur. No truer words have ever been spoken…

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