Much debate recently on the Global Ideas Bank about patents, intellectual property and copyright, with respect to ideas. This has come about mostly because, as I blogged last week, someone submitted an idea with a Creative Commons license.
Now, as far as I know, this doesn't work. I asked the Creative Commons community who have so far responded with
"This is an *idea*, not a piece of work. Hence, it does not fall under copyright law. You can't apply a copyright license to it. Ideas are protected by patent law. Hence, it is just not possible to apply a copyright license, like the Creative Commons licenses, to this idea."
.....and the equally sensible
"They can't copyright the *idea*, only its expression in written form. So the license only applies to this bit of text, not the idea the text contains (which could be expressed in a different form of words very
easily)."
[Thanks to Rob and Daniel for first replies] This was certainly my understanding of how it works (or, rather, doesn't): Idea-a-day seems to operate this way, by copyrighting the text of the idea. Their spiel reads:
"*The actual phrasing of the idea is the copyright of Idea A Day Limited. No reproduction of the text in its published form, or substantially similar variation, is permitted in any media without the prior approval of Idea A Day Limited. info@idea-a-day.com"
We don't do that, because we like the ideas to be spread as far and wide as possible (and because we don't phrase the ideas ourselves much of the time), an approach which our users seem to agree with. We only ask people to inform us if they are using it for commercial profit. The same principle applies to ourselves using it in publications: these are non-profit and are used to disseminate the ideas (and the concept of social invention) and we've never had an idea author with a problem with that [99.9% are delighted]. Generally, also, because we don't deal in products, this tends to be a problem that is not relevant to 95% of the ideas that come into the site.
Anyway, as is rapidly becoming apparent, I am no legal expert, and I am going to try and amend our FAQs on this stuff, + our T's and C's to align us more closely with the advice I've received from a range of sources. But what all of this makes me wonder is whether there is some sort of scope for a "creative patent" along the lines of the "creative copyright": a kind of "some parts of patent reserved"? Every legal person says to me "don't go near patents", which is both a little off-putting but also intriguing...This could all be rubbish, but could there be a similar revolution in patenting as there has been in copyright?
This is perhaps similar in tone to an idea submitted to the site last week, which bears reading: The Un-Patent Registry