It’s a question that comes up often: “I have a great idea—can I copyright it so no one else can use it?”
The short answer: no. Copyright law does not protect ideas. But it does protect the expression of those ideas. Understanding the difference can help you safeguard your creative work and avoid common misconceptions.
Copyright only applies once an idea is expressed in a fixed, tangible form. For example:
Not protected: The idea for a story about a young wizard who goes to a magic school.
Protected: The specific text, characters, and artwork that make up a novel about that wizard.
In other words, you can’t stop someone from writing their own story about a young wizard, but they can’t copy your words, your illustrations, or the unique way you brought your idea to life.
If copyright protected ideas themselves, creativity and innovation would grind to a halt. Imagine if someone could “own” the idea of a love story, or the idea of a smartphone. By protecting only the expression, copyright strikes a balance: it rewards creators for their original work while allowing others to build on general themes and concepts.
While copyright won’t cover raw ideas, there are other strategies for protecting them:
Trade secret law: If you keep an idea confidential and take steps to protect it, it may qualify as a trade secret.
Non-disclosure agreements (NDAs): When sharing an idea with potential partners, investors, or collaborators, NDAs can provide legal recourse if the idea is misused.
Patents: If your idea relates to an invention or a process, patent protection—not copyright—may be the right avenue.
Documenting your work: Even before your idea is fully developed, keeping dated drafts, sketches, or notes can help establish ownership of your eventual expression.
Copyright protects the way you express your idea—not the idea itself. To safeguard your creative and business concepts, you may need a combination of copyright, contracts, trade secret protections, or patents.
At Stadler IP Law, we help creators and entrepreneurs understand what can—and can’t—be protected, and we guide you toward the right strategies to secure your work. If you’re not sure whether your idea qualifies for protection, we can help you explore the options.