How do I protect my ideas?
Created something new and want to make sure it's protected? Here's some useful information on the basics of copyright and other intellectual property (IP).
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Created something new and want to make sure it's protected? Here's some useful information on the basics of copyright and other intellectual property (IP).
Whether you're a games designer, artist, writer or photographer, you're in the business of intellectual property (IP) creation. The first thing to note is you can’t protect an idea unless you’ve turned it into something tangible. Once you’ve captured it, for example in writing or as a sketch, IP has been created and can be protected. There are four basic ways to do that – copyright, patents, trademarks and design. And some ways will be more relevant to your work than others.
Copyright is the most commonly-used protection – it automatically applies to any original work you create. Original work is defined by the UK’s Intellectual Property office as something created as “the result of independent creative effort”. In other words, if it’s a copy of something that already exists, it’s not original, and therefore not protected.
You don’t have to register copyright ownership in the UK, but you should always show the copyright symbol (©), the name of the owner and the year of creation on the work itself.
Of the other forms of protection:
IP protection varies in length and registration process. These websites and organisations have more information to help you find the right type protection:
Copyrightuser.org makes UK copyright law accessible to everyone who uses copyright: musicians, filmmakers, performers, writers, visual artists and interactive developers, and others. Their resources show creators how to protect their work, license and exploit it, and legally re-use the work of others.
The Intellectual Property Office have guidance on patents, trademarks, designs, copyright and other ways to protect your ideas. Their IP Healthcheck Tools are free and easy to use and will help you understand the requirements for your sector. They provide a list of recommended actions, with explanations and guidance. There are healthchecks for patents, designs, copyright, trademarks, protecting trademarks overseas, franchising, trade secrets and licensing your intellectual property and confidential information.
Creative Barcode has a system to protect ideas, concepts and business models prior to formal trademark, design registration or patent application.
Bright Idea Scotland offers advice on IP and product development, as well as helping clients understand and confirm the commercial potential of their ideas.
Tales from the drawing board: IP wisdom and woes from Scotland’s creative industries. A collection of case studies to help creative businesses to navigate the bumpy landscape of IP legal issues, protection tools, and management dilemmas.