Can an Idea be Copyrighted? | Film Producer's E&O Insurance

There is no copyright in ideas but there is copyright in specific expression of ideas.

So, if you have an idea and you are able to express it in some sort of work that is defined in the Copyright Act (Canada); e.g., if you write it down, it’s a literary work; if you film it, it’s a cinematographic work; if you put it into a composition, it’s a musical work – then that is protected under the Copyright Act and you as the first owner/author are able to do whatever you wish with it and grant rights that you have to any other party.

That is always something to be mindful of: when people are working in collaboration together, while there is no ownership of ideas, it really comes down to the specific expression of ideas. And then once you have that work created, you have that full protection.

People often ask me, “Well, what about registering the copyright with the Canadian Intellectual Property Office or the US Copyright Office?” I always advise: that’s never a bad idea to go and register your copyright because that will come up when other people do searches and it puts a time and date stamp on that work and lets the world know that this is yours. However, by no means is it a requirement for you to have protection under the Copyright Act.

Nathaniel Lyman is a lawyer at Chandler Fogden Aldous Law Corporation in Vancouver, British Columbia, where he provides legal services exclusively in the areas of film and television. His clients include production companies, individual producers, animation studios, writers, directors, performers, and others in the creative fields. He was admitted to the British Columbia bar in 2013 after graduating from the Peter A. Allard School of Law at the University of British Columbia.

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About: Chandler Fogden Aldous is a leading entertainment law firm based in Vancouver, BC. They have extensive legal and business experience in the areas of film, television, digital media, and music. http://www.cfalaw.ca/

About: Front Row Insurance Brokers Inc. is an independent insurance broker that specializes in the entertainment industry – specifically, the film industry. Front Row works hard to provide insurance protection for a very low cost. Should a claim occur, Front Row works diligently with clients and insurers to expedite the payment.

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