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What is Idea Misappropriation?
Typically, idea misappropriation claims arise when a writer pitches an intriguing concept to a producer or studio executive during a business meeting, and the idea is subsequently used without permission. Whether an idea submitter can recover for the theft of their idea is governed by state law, which can vary significantly from state to state, making it crucial for writers to hire local counsel with a background in entertainment law.
Protecting Your Ideas
To protect yourself against idea misappropriation, there must be a special relationship between you and the person receiving your pitch or reviewing your material. In other words, don't just volunteer your idea.
Deal with Reputable Parties: Always engage with trustworthy individuals or companies when pitching your ideas. This can reduce the risk of misappropriation.
Create a Paper Trail: Document interactions related to your idea. Keep records of who you sent your script or concept to, including dates and any relevant communications.
Send Confirmation Letters: After pitch meetings, send a follow-up email or thank you letter summarizing the discussion and confirming that the meeting was for the possible development of your project.
Document Your Idea: Consider registering your work with the Copyright Office or, as a secondary option, the Writers Guild of America.
Legal Theories in Idea Misappropriation
The legal protection for your ideas can vary depending on your location. For example, California relies heavily on contract theory, particularly implied contracts, to protect ideas. In contrast, New York law focuses on the novelty and concreteness of the idea, treating it as property if it meets these criteria.
Conclusion
While copyright law is fundamental in protecting your creative works, understanding the concept of idea misappropriation provides an additional layer of security for your ideas. By dealing with reputable parties, maintaining a clear paper trail, and documenting your concepts, you can significantly reduce the risk of having your ideas misappropriated.
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DISCLAIMER: This article is protected by copyright and may only be reproduced in its entirety for personal or educational purposes. Any editing, alteration, or modification is strictly prohibited without the author's permission. The content of this article addresses general legal issues and is not intended to provide specific legal advice for any individual situation. It is recommended to seek professional legal counsel before relying on any information contained herein.
Lloyd J. Jassin is a publishing and entertainment attorney based in New York City and a former publishing executive. He co-authored The Copyright Permission and Libel Handbook: A Step-by-Step Guide for Writers, Editors and Publishers (John Wiley & Sons, Inc.) and previously served as the director of publicity for a division of Simon & Schuster. Throughout his career, he has been a vocal advocate for creators' rights, offering extensive writings and insights on contract negotiation, copyright, trademark, and defamation law. He is a sought-after speaker, regularly lecturing on legal matters that impact content creators and media professionals. His legal practice is committed to helping clients navigate the ever-evolving landscape of publishing and entertainment law, ensuring their intellectual property is protected and their creative visions are realized.
He can be reached at Jassin@copylaw.com or (212) 354-4442. His offices are located at 1501 Broadway, FL 12, New York, NY 10036, and in Madison, NJ. For more information, visit www.copylaw.org.
(c) 2024. Lloyd J. Jassin.
