The law protects the expression of ideas and not the idea itself.
Sometimes in technology, a promoter who has a good idea will join forces with a programmer designer to help crystallize it. Who owns the copyright?
A promoter, who had the idea of creating a website to connect with his former classmates, approaches a website designer. After discussion, the designer carries out the programming, representation, and assembly of the website. Once these tasks are completed, the promoter, seeing a business opportunity, asks the designer to continue his work so that the website can target "a clientele worldwide". The designer agrees to the offer for a flat fee and a percentage of the revenues generated by the operation of the website. Although the designer has fulfilled all his obligations, the promoter refuses to formalize their verbal agreement in writing. As a result, the relationship between the parties is severed.
Unaware of the rights of the designer, the promoter creates a new system with the help of another programmer. The designer, invoking his copyright, takes the matter to court to have his rights recognized over the new website since the law protects the expression of ideas and not the idea itself. The promoter, unable to prove that the distinction between the new and old website is sufficient to make it a separate work protected by the law, is condemned by the Court to, among other things, surrender all copies of the source code to the designer. Additionally, the Court confirms that the work of the designer is original since it is the result of his labor.
One can never claim to hold a copyright without an idea, but often one can have ideas without ever being able to claim a copyright.
*C.S. 500-05-056478-009, 2000-08-21
