Re: Copyrighting a web application and idea

by "Bob Webb" <bobwebb2(at)webbcounsel.com>

 Date:  Wed, 20 Dec 2000 00:50:36 -0500
 To:  <hwg-business(at)hwg.org>,
"John Murray" <jmnc(at)lis.net.au>
 References:  gfmd opalintel
  todo: View Thread, Original
I would observe that you need to be aware that (1) very few, if any Venture
Funds/Investment banks will sign a non-disclosure for such a
vague/non-detailed concept, so the people who sign may not be the ones you
want to deal with if your idea has true business merit.  Private individuals
might, private companies might, but most will not.

As suggested, you need to get legal advice, but the preliminary/first step
advice you need is the type you should be able to get for free simple by
attending/visiting a local "entrepreneurship forum" "VC fair" or similar
type event(s) in your community.  There are lots of these types events in my
region (DC metro) (check out the calendar at www.netpreneur.org or the
Washington Post Tech Thursday listings for DC events )  and I think that
most other places have lots of similar events/oferings.  There you will
undoubtedly find access to many lawyers, other entrepreneurs who have been
down that path, VC and other funders, (all of whom are usually willing to
chat and offer sugestins and advice for free) and thru soliciting a variety
of opinions, educate yourself about the subject, get an idea of the range of
legal cost and types of protection you should consider, which attorneys in
your area do this type work, and fee arrangements they will consider (we
sometimes defer or reduce fees for equity, and other firms offer similar
programs).

My observation is that many with ideas of the type you describe pursue
"angel" funding as the first step to finance the cost of patent, copyright,
trademark, and other IP protection.  I do corporate, VC and funding work,
not IP work, but i will tell you that a company that has raised and spent
$500,000 to secure US and foreign patent protection (and I have seen people
spend that much and more) has a lot better chance of getting funding for a
good idea that someone with a good idea but with no protection--hence no
barriers to entry of competitors.  If you idea is a technological
innovation, the funds spent on protecting your rights will be very well
spent.

Bob Webb
ReedSmith
McLean, VA
bobwebb(at)webbcounsel.com


----- Original Message -----
From: "John Murray" <jmnc(at)lis.net.au>
To: <hwg-business(at)hwg.org>
Sent: Tuesday, December 19, 2000 7:46 PM
Subject: Re: Copyrighting a web application and idea


> Ivan, Doug
>
> Step 1:  I supply you with a list of 100 organisations and individuals I'm
> going to approach. In January I'm going to mail them with a basic pitch
> about what my idea can do for them. I'm going to include a confidentaility
> agreement for them to sign and return if they're interested. You supply me
> with the letters on your letterhead.
>
> Step 2: In March I'm going to line up meetings with 10 of those that
agree.
> I'd like you to provide me with a one page overview of key points to keep
in
> mind to maintain the binding nature of the agreement. I'd like to call you
> before and after each meeting for a 5 min chat.
>
> How  much will you charge me for Step 1 and Step 2?
>
> ----- Original Message -----
> From: Charles Lovelady <crl(at)gftm.com>
> To: HWG Business List <hwg-business(at)hwg.org>
> Sent: Wednesday, December 20, 2000 9:54 AM
> Subject: Re: Copyrighting a web application and idea
>
>
> > Jonathon,
> >
> > What are you trying to protect? This is oversimplified, but
> > copyrights are for works (basically content). If you are trying
> > to protect a concept you will definitely need a lawyer and a fat
> > wallet because you will most likely need a patent. A lot of big
> > name companies have discovered that when it comes to software
> > copyrights can be circumvented.
> >
> > I am not a lawyer, but I do have copyrights (some registered some
> > not) and patents. For a patent you will spend a lot of money to
> > even determine a) if it's patentable and b) if there are prior
> > patents that you may be infringing upon. The last thing I
> > designed that my employer filed for a patent on cost them $10K
> > and it was a relatively easy one. Also, on patents you have to
> > make public a lot of detail.
> >
> > Hey, it's easy for me to talk, I'm not paying the legal bill.
> > With shrinking margins and on low volume items we often decide to
> > heck with the patents we may never recoup the expense.
> >
> > Just my two cents worth.
> >
> > Sincerely,
> > Charles
> >
> > ----------
> > >From: "Jonathon Stevens" <jon(at)3spadefx.com>
> > >To: "HWG Business List"  <hwg-business(at)hwg.org>
> > >Subject: Copyrighting a web application and idea
> > >Date: Tue, Dec 19, 2000, 10:45 AM
> > >
> >
> > >   Friends,
> > >
> > >      I have come up with an idea that I've started to develop into a
> > >web application.  This idea is something that no one else is doing (in
> > >the United States for sure, but possibly the whole world) and something
> > >that will drastically improve the field related to my idea.
> > >
> > >      I want to take the idea and half-completed web application to
> > >investors to sell the finished product to.  I'm not sure exactly how to
> > >go about doing this.  I've read up on some copyright issues and such,
> > >but would like any advice from you.
> > >
> > >   Thanks,
> > >
> > >   Jonathon Stevens, CEO
> > >   3spadeFX Productions
> > >  http://www.3spadeFX.com
> >
>
>
>

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