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Step 4. Understand Legal Issues 61
Copyright protection extends to a description, explanation,
or illustration of an idea or system, assuming that the require
ments of the copyright law are met. Copyright in such a case
protects the particular literary or pictorial expression chosen
by the author. However, it gives the copyright owner no exclu
sive rights in the idea, method, or system involved.
Suppose, for example, that an author writes a book explain
ing a new system for food processing. The copyright of the
book, which comes into effect at the moment the work is fixed
in a tangible form, will prevent others from publishing the text
and illustrations describing the author's ideas for machinery,
processes, and merchandising methods. But it will not give the
author any rights to prevent others from adopting the ideas for
commercial purposes or from developing or using the machin
ery, processes, or methods described in the book.-Circular 31,
Ideas, Methods, or Systems, U.S. Copyright Office
Therefore, if you have a great idea that is not patentable, once
you blurt it out to the world you basically cannot stop someone
from using your idea. If something is not patentable it could be
because someone has already patented it or it is deemed "obvious"
ar perhaps past the "one-year grace period."
How Do I Get Copyright Protection?
Copyright applications are filed with the Copyright Office,
which is part of the Library of Congress. Applications can be filed
by non-attorneys, and the fee is $45 at this time ($35 if you submit
it online) for most copyrights. Visit www.copyright.gov to familiar
ize yourself with the various copyright forms and requirements.
Unlike patents or trademarks, the Copyright Office does not per
form a search of prior records. Patent and trademark attorneys will
usually handle copyright applications as well. But because there