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ARTICLE · 03 MAY 2018

How Can I Copyright My Idea?

One of the most frequent queries intellectual property attorneys receive is from clients who want to "copyright their idea". However, you can't "copyright an idea".

South AfricaIntellectual Property

One of the most frequent queries intellectual property attorneys receive is from clients who want to "copyright their idea". However, you can't "copyright an idea". Copyright protection only extends to the material expression of your idea and not the idea, concept, procedure or method itself.

Copyright is a form of intellectual property protection that is available for creators of original works. Works that are eligible for copyright protection are literary works; musical works; artistic works; cinematograph films; sound recordings; broadcasts; programme-carrying signals; published editions and computer games.

To qualify for automatic copyright protection, the work must be original, the author must be a qualified person (namely, in the case of an individual, a South African citizen or a citizen of Berne Convention country, or someone who is domiciled or resident in South Africa or in a convention country; or in the case of a juristic person, a body incorporated

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