Discussion:
If a new medium is invented that is not cinema, video, TV, radio, painting, magazine or print is it covered by copyright laws or patent laws?
Further, is it permissible to apply for a patent (a new advertising medium) as well as a copyright (because of the content of the message)?
Lou
Answer:
I am not an attorney, but if you invent something similar
to a camera, CD, projector, TV, etc. it would be covered by
a patent. Anything you originally record yourself on the
new medium/invention that is not a copy of some other
copyrighted picture, music, writing, etc. would be covered
under copyright laws. If someone else buys and uses
the new medium/invention to make an original copy/recording/etc,
that person has copyright ownership, not the inventor of the
new medium/invention. A patent will protect the new
invention from being duplicated/manufactured by another
person/company.
For example, let's assume a new type of medium similar
to a CD/cassette/etc is invented, along with a new device
that will record on the new medium and to playback any
recordings on the new medium. Patents will cover the medium
and the recording/playing device(s). Copyrights will cover the
contents of any copyrighted recordings put on the new medium.
Answer:
Patent covers IDEAS and INVENTIONS. Not only machines, but other ideas and inventions (e.g. a new business method) may be patented. Copyright protects the EXPRESSION of ideas.
So as a general rule of thumb, the machine which plays the new media is subject to patent protection, while the content (i.e. the entertainment, music, news, etc.) itself is protected by copyright. There are some complicated rules, but this is the general idea.
You can certainly apply for both a patent and a copyright, and you can also apply for a trademark of the brand name you use.