Many legal experts argue that copyright law is dying, that artists and entertainers need a new approach to intellectual property protection. Patenting Art & Entertainment provides an answer. This book shows that patent law can protect the methods and processes used to create art and entertainment -- as well as the design and appearance of products. Included are examples in the fields of: painting graphic art music architecture film furniture design and much more Co-authored by Gregory Aharonian and Richard Stim, the book shows how to: document the creation of your art and entertainment inventions apply for and obtain a design patent get a utility patent do a patent search Patenting Art & Entertainment provides in-depth (but concise) information of all aspects of this cutting-edge method. It covers how the creation of arts and entertainment became formal sciences, the limitations of copyrights, how the U.S. Patent and Trademark Office handles such applications -- and more.

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As far as we can tell, this is the first book about patenting art and entertainment. Being first doesn't get us a patent. There's nothing in this book that's particularly novel (one requirement of patentability) and much of what we write will probably be obvious to others in the field. But we do attempt to do something new here: To consider art and entertainment patents as a family, much like pharmacology, software, and business methods patents are currently categorized. We explain -- through lots of examples -- what kinds of art and entertainment innovations have been granted patents, and how to decide whether your idea might be patentable. Our challenge when deciding how to present this information was whether to create a theoretical book that explores the need for a separate art and entertainment patent category or to write a practical book that explains how to identify and protect patentable art and entertainment subject matter. We opted to do both, dividing the book into Part One (theoretical) and Part Two (practical). Don't be afraid of Part One. We're not pushing a doctrine nor speculating on the future. We're just taking a closer look at patents for art and entertainment. In doing so, we define our terms and survey innovations that have received patents. We also look at copyright and other types of intellectual property protection, and help you decide which provides the best protection for your idea. In Part Two, we speak directly to artists, entertainers, and other innovators and attempt to make the world of patent procedures more accessible. We explain patent searching, invention documentation, and patent application procedures. This emphasis on the "how-to" may disappoint those seeking an academic treatise or exploration of moral issues ("Will patenting art stifle creativity?" "Does art serve a purpose?"). Of course, if interest in patenting art grows (as we believe it will), others will explore these ideas and many more. For now, we hope this book serves as an introduction to the concept and the process of protecting art and entertainment innovations. Chapter 1 sets the stage by defining some key terms and providing important basic information on patent law. A. The Nutty Professor as a Paradigm In Jerry Lewis's film The Nutty Professor, mild-mannered scientist Professor Julius Ferris invents a serum that allows him to moonlight as suave entertainer Buddy Love. None of the film's characters suspect that the urbane Love and the nerdy inventor are one and the same. After all, artists and inventors are two distinct breeds. But are they? This book argues a different view -- that art and invention have been intertwined throughout history; the artist's studio is also the inventor's laboratory; and the chasm separating Buddy Love and Professor Ferris is dissolving (if it ever existed at all). Need proof that Buddy Love and Dr. Ferris are the same? Look no farther than the Nutty Professor himself: Jerry Lewis had a problem as director of the film, The Bellboy; he couldn't view his scenes through the camera while acting. So, he mounted a video camera on the motion picture camera which allowed him to simultaneously watch each scene (as a director) and participate (as an actor). Lewis's "Video Assist" system was a hit with most directors and became a mainstay of film production (though some directors despised the video monitor for turning actors into "directors," eager to give opinions and "collaborate" on decisions).

 

1. Introduction 2. Utility Patents for Art & Entertainment 3. Design Patents for Art & Entertainment 4. Traditional Protection for Art & Entertainment 5. Should You Apply for a Patent? 6. The Patent Search: Make Sure Your Idea is New 7. Document Your Invention 8. How to File a Design Patent Application 9. How to File a Design Patent Application Appendix A: How the USPTO Handles Art and Entertainment Applications Appendix B: Art and Entertainment Classifications

In this revolutionary book, Greg Aharonian and Richard Stim argue that creators of art and entertainment can use patent law (in addition to -- and maybe instead of! -- copyright and trademark law) to protect many of their works. This will amaze most entertainment lawyers (and upset some). But the book shows it's being done already, by those in the know. Better still, this book explains how to get patents for art and entertainment, in language so clear and enjoyable to read, it can be understood by creatorsQ themselves (even if they aren't lawyers).

 

Gregory Aharonian is the publisher of the newsletter Internet Patent News Service and has earned an international reputation as a patent searcher and iconoclast.

 

Patenting Art & Entertainment by Gregory Aharonian
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