Legal Question in Intellectual Property in California
What to do if someone wants me to sign off on my copywritten idea?
I have come up with a treatment for a show for a certain network and have done the following. Registered with the Writers Guild and have registered copyright with the US Copyright. However before sending the treatment to the network they sent me a Idea Submission Agreement form. I have some major issues in the form and am worried on submitting this treatment on ''good faith''
This is my main concern stated in the legal form:
''I recognize that other persons, including employees, may have submitted or may in the future submit ideas or items similar or identical to the idea or item submitted by me, and that we shall have the right to use such a similar or identical ideas or items without any obligation to compensate me''
It also states this beforehand:
''If no agreement is concluded, I shall rely solely upon such rights I have under the Copyright laws of the U.S.''
I believe that this is completely unjust and seems that it is contradictory and will be giving this great idea only to have it copied with no recourse.
How can I protect myself more in this situation? I believe that it will be picked up by the network and need to be compensated for my original idea.
I would appreciate all the advice you could give me.
3 Answers from Attorneys
Re: What to do if someone wants me to sign off on my copywritten idea?
You are wise to address this issue NOW, before your ideas are picked up.
The language is not that uncommon, although might be negotiated. You need an experienced intellectual property attorney to help you in this regard, and to negotiate your subsequent contracts.
Re: What to do if someone wants me to sign off on my copywritten idea?
You did not submit the idea to the network through a recognized attorney or agent. Therefore, whether or not you sign the form, the network will not consider your idea. If you do sign and return the form, you will get a nice form letter back from the network declining your idea and you will not get an appointment to have a pitch meeting. Unfortunately, you will need to get an agent.
Re: What to do if someone wants me to sign off on my copywritten idea?
These types of documents are becoming common because networks and production companies have been sued after reading material that really does duplicate projects they already have in development. Most reputable attorneys, however, advise their clients not to sign such "Submission Agreements."
In truth, major networks do not buy ideas from unknowns and generally consider new material only from people they have worked with. In order for a submission to be considered, it needs to have a "network approved" writer or director attached. Your best bet, therefore, is to hook up with someone who has an "in" with the network (i.e. an executive producer or writer of one of their existing or past shows) who can take it to the network for you (and, most likely, take over your idea as if it were his/her own).
Good luck!
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