Expert: Nyall Engfield - 8/16/2009

Question
Hello Nyall.

I have authored a children's book which is to be copyrighted BUT I also designed a stuffed toy of the main character from the book to be produced. How can I protect the stuffed toy? Is that a patent, a design patent, a copyright? This is all too confusing to me and I don't have the $ to hire a lawyer. I would appreciate any guidance that you could give me.  Thanks-Maggie

Answer
The expression contained in the children's book would automatically come under copyright so long as it is yours, original and new. You won't need to apply for copyright; on creation of the work copyright automatically exists. The stuffed toy is also protected by copyright. It benefits from an exception in the copyright act; otherwise it would come under an industrial design (or design patent in the U.S.). Copyright gives protection from unauthorized copying for the life of the author plus 50 years (life plus 70 years in the U.S.)