Copyright advice please.

[tealmoonxiv.livejournal.com]

I've never made a post on LJ before so please forgive me if my post is messy.

A little background; I have a project I've been working on for a very long time, and I care for deeply.
But I have not posted any of it online because I wanted to get it copyrighted first. Actual registered copyright with the paperwork and everything. I want more legal standing if someone tried to profit off of it.

The problem is I'm not sure how to do so since I want to basically copyright the fictional setting I've created.
I do plan to eventually do some comics (or graphic novels) based on it but they will have nothing in common with each other.
The setting, culture, worlds and most importantly the 1000+ monsters and characters are what I want to protect.

How does one copyright something like this? Since it's not something like an image or a novel.
Something that will continuously grow and take different forms?
Does it need a particular type of copyright or documentation?

Sorry if my post is confusing at all it's hard putting this into words :/

Comments

[fenris-lorsrai.livejournal.com]

All of your works are automatically copyrighted. The formal registration just makes it easier if you have to go to court.

It sounds what you want for most of it is actually a trademark, which is NOT automatically granted and requires registration. The legal difference between the two is rather complicated and varies by country.

The rough way of thinking about it:

Copyright is a very specific individual work in a specific format.

Trademark covers a constellation of recognizable ideas in multiple formats and works.

Star Wars the motion picture is under copyright. It's also trademarked.
Star Wars the whole thing is a trademark, but the individual it's within it each have a copyright.

You can have copyrighted work that infringes upon someone else's trademark... but even though its infringing it doesn't mean the trademark holder owns the rights to the individual work that infringing.

Example:
Someone write fanfic of Star Wars. The work is still copyright the writer, even though its infringing on the trademark. Even though its infringing, George Lucas can't swoop in and print the fanfic as if its his, just because its infringing. He can force destruction or handing over any profits made or file a lawsuit, or a whole host of other things to defend his trademark, but it doesn't automatically become his property.


IT'S COMPLICATED.

also the exact process and actual legal ins and outs vary by country.

Note that with a trademark, most jurisdictions require defense of the trademark to keep it. Failure to defend it sufficiently vigorously may result in it being revoked.

Do you have the time and resources to defend 1000+ trademarks? You may need to edit down the list to the most distinctive and easily defensible items OR condense some of them into specific classes to make them easier to defend. If they're too vague, you also be unable to trademark them.

Be realistic in how much time and money you can afford to expend on defending it. what happens if it becomes really popular? Nevermind having an infringement show up every day, with 1000+ trademarks you could have 10, 20, 100 show up a day. and you NEED to defend them.

If you are that genuinely serious about actively defending it legally, read up on the specific laws in your country and start putting money aside every week to consult a lawyer. Because if you really want 1000+ items trademarked you really, really need to consult a lawyer that can tell you which ones are defensible, which ones aren't, and how much work and money its going to be to do so.

[tealmoonxiv.livejournal.com]

Trademark kinda sounds like it but I don't think I could deal with that much enforcing. :/

I guess I'm just paranoia about someone swiping my idea and somehow winning and taking it. :/

Copyright would probably be sufficient but I'll do more research into both to see what's best.

[kattotang.livejournal.com]

It should also be pointed out to you that trademarks are the only way to actually "protect" characters, because characters can *not* be copyrighted. And most companies/people don't trademark all the characters, instead focusing on the most well-known ones. For instance, Pikachu is trademarked, but other, less popular Pokemon wouldn't be.

There's also the instance where things can't be trademarked, usually for everyday words/names. Like, for instance, Apple can't trademark the word "apple". They can trademark their logo and the full name of "Apple Incorporated", but they can't lay claim to just the word "apple" because common language words like that can't be owned. (Didn't stop them from trying though...seriously, Apple has tried to trademark the word "startup" and patent the shape of a rectangle with rounded corners.)

[tealmoonxiv.livejournal.com]

Apple is indeed crazy with it's trademark attempts.

I'm just worried my designs would be stolen for things like virtual pet sites. :/

Or some company would try to weasel their way into taking over my creatures. :I

[funkicarus.livejournal.com]

i was always told to date things you want copywritten, though i was also told that the best way to prove a date is to mail yourself something with your material on it and just.....not open the mail. that way the sealed postmarked envelope will act as proof of the date you concieved of the whatever-it-is

since you don't actually have a body of work, just a bunch of concepts, i'd suggest sort of laying out a sort of universe bible or a lot of notes? like, just pages and pages of concepts. then print & mail them to yourself.

though i'd be careful exactly what you're calling copywritten work. like if you create a race of cat-people? you can't copywrite that. there's so goddamn many anthro cat people aliens dating from now back to the dawn of freaking time.

however if you create a race of cat people called the felius, well, maybe there's only 10 or 15 of those. but it's still too many to walk into a court with someone you suspect of ripping you off and prove they're ripping YOU off.

create a race of cat people called the felius who have an inborn species-wide obsession with collecting silly straws, and you've got yourself something defensable. you'll know right away if someone is ripping you off with their silly-straw-loving cat-people named the felius, and a court will probably agree.

[tealmoonxiv.livejournal.com]

I heard that the mailing envelope thing doesn't stand up in court. :/

The monsters are more of a pokemon/digimon concept than a species of cat people. Maybe that would make it easy if they were all under one universal name? (Much like pokemon/digimon)

I do have art for the majority of them (though a lot need to be redesigned). I personally wouldn't mind making a huge ass encyclopedia of them. :/

[funkicarus.livejournal.com]

in that case i'd still make like a character bible or something and then take it to a lawyer or someone who can advise you on how to effectively prove the date of the contents

[tealmoonxiv.livejournal.com]

That'd probably be for the best. :I

[dinobutt.livejournal.com]

To my knowledge, copyright doesn't really work the way you're describing.

I'd recommend contacting a lawyer who specializes in intellectual property to see what your options are for protecting your work. It's unlikely that anyone here is going to be able to provide information that's specific to your needs, and it sounds like this is something that you're looking to handle through official channels anyway.

With a bit of research you can probably find one who would be willing to give you a free/cheap consultation to begin with to see if what you want to do with this is possible!

[tealmoonxiv.livejournal.com]

That would probably be best, I have a hard time with legal jargon anyway. :/

[greenreaper.livejournal.com]

Copyright is the correct tool, at least for part of what you want. But copyright (registered or otherwise) works only once you have secured it in a tangible medium - i.e. you have to actually have written out your ideas. For example, if you want to prevent someone writing their own story about a mystical land with fantastic beasts, you have to have written your own story about them first (or, say, a detailed encyclopedia article). You cannot claim protection on a mere idea, in your head.

You say you plan to create a set of works. As you write each work, the matter within it will become protected. Things that you haven't mentioned yet won't be. (That's only fair, because how could someone have copied you if they didn't know about it to start with?) You can send each written work off to the Copyright Office if you want and feel safer about it, but really it's writing it down that's the basis of copyright protection - just as the primary basis of trademark protection is your own use of that mark.

fenris_lorsrai is right that trademark is also something to consider; at least once you have fixed the name of your setting and plan to release works featuring it within the next six months. That's the difference between someone ripping off your written-down ideas, and someone trying to impersonate your brand. A trademark is more important once you get big, because it's only then that people will use or buy products and services based on the name of their setting.

Trademark won't protect you against someone writing the same story with different names for everything - but you might be able to claim copyright infringement, if the reuse is sufficiently detailed.

Also, a general caution: while it's important to protect yourself, if you spend more time worrying about that than developing your work, it's not a profitable use of your time. Most people think their ideas are worth more than they are. The truth is, everyone has ideas - often, quite similar ones - it's the execution that matters. If you never get around to executing, or delay doing so out of fear that your ideas will be stolen, nobody will make any profit, least of all you.

[tealmoonxiv.livejournal.com]

I know that it has to be tangible, just what sort of tangible is confusing to me. (Though it's looking like an encyclopedia/world bible might be a good idea).

I'm going to look into trademark for the brand, though I'll be doing more research first.

I'm probably getting paranoid over nothing, I just want to give it a little bit more protection. :/

[greenreaper.livejournal.com]

It's understandable - it's important to you, so you want it protected!

Trademarks are not inexpensive compared to copyright registration - though most companies consider them relatively cheap - and it relies on you having used the mark (or being about to), so if you decide to get one, you'll probably want to file around when you release your first work. You can do it directly for ~$275 last I checked.

Putting it down in any fixed medium is, in theory, sufficient. The trick is proving it. Publication tends to be a good way, but registration with the copyright office is the gold standard. You can register multiple unpublished works at the same time (http://www.copyright.gov/eco/faq.html#eCO_1.1), in case you've got one thing ready to go but others need some work. It's $35 and then you've got it on record as yours.

[tealmoonxiv.livejournal.com]

I'll have to save up for a trademark :/

I'll definitely getting it registered though. :3

[breakspire.livejournal.com]

1. assemble pile of money
2. hire a lawyer

some things are really best when handled by professionals. personally I wouldn't rely on any legal advice given in a setting like this. find a lawyer that will give you a free consult and go from there

[tealmoonxiv.livejournal.com]

I'm going to, though having a little direction in what I'm looking for helps. :/

[breakspire.livejournal.com]

if you find a lawyer specializing in IP (intellectual property) and explain the situation, they'll be able to let you know what you need/can get. you can approach them as a legal noob, it's their job to guide you through it

http://www.isfanficlegal.com/ is run by some lawyers and they answer questions about this sort of thing, if you're looking to get your head around legal stuff it may be worth poking through for similar questions or even asking them about your situation

also, take a look at the government websites (I'm assuming you're in the US? other countries have their own systems)

http://www.copyright.gov/

http://www.uspto.gov/trademarks/

edit: oops meant to reply to your comment.

[tealmoonxiv.livejournal.com]

Yup US. I've been checking those sites, the jargon is confusing to me though. :P

I'll get a lawyer for sure though. Eventually.