Can you copyright??

Question

Say you have an item like a circus tent, and you decorate it in the most amazing way, can you copyright the idea even though it is built on something already being used in everyday life?

Answer 1

Yes, you can copyright the design. Technically you have and own the copyright from the moment you create it and should put a copyright notice on any copies, photos, t-shirts and the tent
copyright 2007 Sam Jones or use the c in a circle ©
If you have to defend the copyright, it is easier if you register the copyright with the office in Washington DC on the form they provide.
http://www.copyright.gov/

Answer 2

As far as I'm aware, it is impossible to copyright an 'Idea" anywhere in the world - you can only copyright "the expression" of an idea.

It also depends upon where the tent was originally decorated and where it may travel to. I can't comment for any country except Australia, but Down Under you can't copyright "the look and feel" of a design. You can only copyright an "original artwork". So if your design consists 100% of an arrangement of pre-existing materials, then you can't copyright it (in Aust. that is). If your design contains original artworks such as paintings, sculptures, logos, illustrations, cartoons etc that you have created, then you have copyright over those automatically (excluding "fair use" applications such as academic study).

If that circus travels internationally, then it gets really tricky. You may well have copyright over that design in the US, but you wouldn't necessarily retain that copyright if it ever left the country.

You might want to check further into this subject. A recent free-trade agreement between the US and Aust has brought our copyright guidelines further into line with each other. I'm far from an expert in US copyright, but you might find you can't copyright a design that consists soley of pre-exiting materials there either.

Hope this helps.

Answer 3

Yes, but there has been a recent discussion regarding frivolous patenting inside the patent bureau so it is a very long process, and more difficult to get rights to a "developmental" design. The key would be hiring a patent attorney to assure that you have someone with a greater understanding, and potential contacts to help with fast tracking your claim. Contacting the attorney relentlessly and keeping track of any dates that they are willing to give you are important elements in keeping them honest. You don't want to let them take advantage of your innexperience.