Cindy,

Copyright does not cover titles, slogans, phrases, or concepts. It is only for works that are rendered into a tangible form. A performance cannot be copyrighted but when it is rendered in a fixed form such as a script, film, video, audio recording, or score then it can be registered.

See the US copyright office FAQ for more information:
http://www.copyright.gov/help/faq/

What you are likely to pursue with this is trademark registration - and pretty much all you can cover is the name or title.

Cheers!
Dave

David Harvey
Conservator
Los Angeles, CA


On Tue, Sep 16, 2008 at 9:24 AM, Cindy Boyer <[log in to unmask]> wrote:
They say that imitation is the sincerest form of flattery.

I wonder if that is true when it comes to special events or programs.

Have you ever developed a program or event, the first of its kind in your area, only to see others "copy" the program after your success is proven?

Have you taken steps to prevent this - or to respond to those duplicating your efforts?

It becomes a concern to us when the competing event is similarly named - perhaps confusing the audience; or when it dilutes your potential audience by competing for their dollars. But we're not sure what to do - or if we want to do anything. Concern has been expressed that we did not copyright or slogan mark our event title or concept (not even sure if you can do that!)

Anyone have tales to relate along these lines?



Cindy Boyer
Director of Museums and Education
The Landmark Society of Western New York
133 S. Fitzhugh St.
Rochester NY  14608
(585) 546-7029 ext. 12
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The Landmark Society:  Revitalizing Yesterday, Protecting Today, and Planning for Tomorrow

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