Are Templates and Forms Protected Under Copyright Law?

Here is a common question I get from clients: I invented a new type of diagram design related to social sciences. How can I legally prevent anyone else from teaching and displaying my diagram?

Let’s say I was the first to invent the Venn diagram. Can I obtain a copyright or a patent to prevent anyone from using or displaying it?

You are right to gather that the law surrounding copyrights of diagrams is difficult to generalize. Typically, a “template” or “fill-in-the-blank” diagram is not copyrightable. So a “Venn Diagram” man not be protected by copyright law, since it can be regarded to as a ‘template’.

When a completed diagram (e.g., on that is ‘filled-in’) is copied, as a whole, without much ‘transformation’, it may be considered a copyright infringement. The extent of transformation required relative to the original work is typically assessed on a case-by-case basis.

In general, blank-forms or templates are not considered a work of authorship sufficient for copyright protection. This is because such templates/forms reflect general IDEAS. Ideas are not copyrightable. Rather the Expression of the Idea is copyrightable.

Your words/illustrations/creations used to bring an Idea to life are considered the copyrightable expression. This is why, in general, blank forms are not protectable under copyright law whereas completed-filled-in forms would be protectable.

If you are interested in more detail related to your specific situation it is best to speak with an attorney. Schedule your free consultation with a Founders Legal Intellectual Property Attorney.

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Yuri L. Eliezer

Intellectual Property Attorney and Managing Partner at Founders Legal

Yuri heads the Intellectual Property practice group at Founders Legal in Atlanta, Georgia.A practice he co-founded at the Atlanta Tech Village – the nation’s fourth largest incubator.He specializes in preparing, developing, and executing strategies for securing patents nationally and internationally. He focuses his work on developing IP portfolio of high value, and helps clients to licensing and acquisition deals to monetize on their IP rights.He has secured patents, negotiated and executed domestic and international IP deals in the Software, Internet/Telecom, Computer, Electrical, and Medical Device fields. His team also prosecutes patents in the Mechanical, Aerospace, Biotech, and Pharmaceutical industries.

His degree in Electrical and Computer Engineering has helped him serve technology companies of all sizes including Microsoft, Cisco, Cox, AT&T, General Electric, Georgia Institute of Technology, and Coca Cola.

Eliezer’s technological knowledge, entrepreneurial expertise, and nuanced perspective on technological innovation, has attracted national media coverage, of the likes of NPR, CNN, and The International Business Times. Eliezer also applies his wide-ranging experiences as an Advisor to the Atlanta Tech Village, where he provides guidance to a community of 120 startup companies.

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