Legal Question in Intellectual Property in Ohio

Copyright of Drafted Contract

If I draft a contract, for real estate purchase or for hiring a contractor, can I copyright the contract? My belief is that this is merely an ''idea'', rather than an original work, but I want to be sure.


Asked on 8/07/03, 11:33 am

1 Answer from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Copyright of Drafted Contract

If the drafted contract were truly original, it would be the first time I would ever have seen one in the context of a transaction that is not sui generis. But, assuming that you clear that hurdle, I also doubt that it would be worth the cost of registration (even acknowledging that it is only $30.00). Lawyers have historically failed to either seek or enforce copyright protection for their written agreements, and as a consequence there is so much in the public domain that I cannot imagine any lawyer being foolish enough to pay you for a copy of your work. Do-it-yourself laymen are much more likely to purchase one of those "personal lawyer" software forms packages at Staples than buy individual forms off-the-rack on some Web site.

But, no, a contract is not an idea nor is it a "form" in the sense that is excluded from the scope of the Copyright Act.

Best wishes,

LDWG

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Answered on 8/07/03, 12:00 pm


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