Someone’s Accusing Oprah of Stealing The Big Give. Don't Let Your Inspirations Be Subject To Similar Squabble.

When Oprah's Big Give wrapped up on Sunday with Jennifer Aniston appearing on the April 20 finale of the ABC special series (DIS), it left many folks attesting to the power of Oprah Winfrey's philanthropic spirit.

But there is one person who claims Winfrey is actually a big idea taker. Boston-based single mom Darlene Tracey says that Oprah and her producers ripped off her idea for a reality television charity-themed contest. She filed suit against Oprah’s Harpo Studios, and though a judge for the U.S. District Court in Boston dismissed her case in March, the suit is currently on appeal.

Can you—or Oprah?—copyright an idea? That all depends on what you mean by 'idea.' But we’ll get to that later. First, what exactly is a copyright? According the U.S. Copyright Office, it’s a protection of original works, both published and unpublished, grounded in the U.S. Constitution. Registering for a copyright costs $45, but only $35 if you register online. However, if you’re a particularly prolific creative type it can cost you big bucks if you apply for a registration for everything you do. So, in the interest of saving money and paperwork, our advice is not to bother unless you’re going to be showing that particular work to someone.

Back to the big idea. It’s not enough to have an idea, say, about a film about two people that meet and fall in love, and after many trials and tribulations, live happily ever after. This idea is too general, and not specific so it cannot be copyrighted. As a matter of fact, it’s an idea that most Americans have seen played out numerous times. Think Cinderella (DIS), or The 40-Year-Old Virgin (GE). The idea must be fleshed out to an expression where the content becomes an original work.

Once your original work is created, written on paper, or recorded on tape it’s protected under copyright law. Whether you have registered for a copyright or not. Remember this, though, if you feel your rights have been infringed upon, you must obtain a certificate of registration in order to file suit. That means notes hammered out on Microsoft Word (MSFT) for that brilliant idea have to be authenticated by the U.S. Copyright Office in order to have any legal claim. And, good news for those who you are organized and do things early: If you register a creation within 120 days prior to someone infringing you, then if you win a legal battle, you may be eligible for not just attorney fees but statutory damages, says Robert Sherman, a partner at the global law firm Paul Hastings.

Now, let’s say you’re a future Steve Jobs and have an idea for a product that is new, useful, and unobvious. Then you should take steps to create a patent for this product. The difference, according the Copyright Office? Copyright protects original works of authorship, while a patent protects inventions or discoveries. And, unlike a copyright, a patent ranges in the hundreds of dollars. The costs for originality depend on the work.

Of course, some things in life are free. Let’s say you come up with a recipe for a tasty new beverage, you might want to keep make this discovery just a 'trade secret,' something that’s not disclosed at all, and therefore not protected. Otherwise the ingredients for this new treat have to be written out, and others can gain access, after a set period of time. If you’re like Coca Cola (KO), and believe you created a hard to crack formula, then you might want to keep your lips sealed instead. 'As long as you treat it as a secret, it gives you an advantage if it doesn’t become known,' says Mr. Sherman.