Re: how do I find out if a copyright already exists?

On Tue, 23 Jun 1998, Sandra Lora <sandylora[_at_]pol.net> wrote:
>
> How do I find out if a copyright already exists on a name of a product
> or idea?? What number do I call or who can I talk to?
>
> Also should one get a lawyer involved if he or she wants to get a
> copyright and if so, do you know of any lawyers in the NYC area (and do
> you know approximately how much the fee is per hour?)

It is trademark [law] which applies to names, not copyright. There are various ways to search trademarks; most are commercial operations, but I believe there are some less than reliable ways to do at least a preliminary search on the WWW. A good starting point might be www.findlaw.com and follow trademark links. Ideas, per se, may not be protected (it is often said that they are "as free as the air"), although they may be the subject of a contract even without other protection, and, of course, as those ideas are, in [very] brief, "fixed in a tangible medium of expression," the expression can be copyrighted; as an idea is manifest in "any new and useful process, machine manufacture or composition of matter, or any new and useful improvement thereof," it may be the subject of a patent issued by the government. An idea can be the subject of a trade secret, of course. (For that matter, certain sorts of ideas may even be said to be protectable by trademark, e.g., the very "idea" that a certain evocation can be caused by use of a certain trademark, e.g., a car dealership's name printed out so that it forms the shape of a car, as is done with a dealership in CA called "Falore.") The foregoing is a pathetically brief and incomplete introduction to these considerations. These areas of the law can be very complex, and you've only taken the first step in your 1000 mile journey. I recommend you find an intellectual property attorney.

The foregoing is not legal advice applicable to any particular circumstance, and is offered only for general information.

Roger Wilcox Cloud
<roger_cloud[_at_]emu.com> Received on Wed Jun 24 1998 - 16:29:55 GMT