Legal Question in Intellectual Property in California

Is it possible and should an idea for a television reality show be copyright protected?


Asked on 4/02/12, 11:49 am

4 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

Ideas are not protected by copyright law. Instead the expression of those ideas in a tangible median is what is protected by copyright law.

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Answered on 4/02/12, 12:01 pm
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Generally no. There could be some copyrightable elements with the show you may want to protect but overall, case law hasn't provided much protection in a reality show concept.

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Answered on 4/02/12, 12:24 pm

I think the more important thing to do is "brand" your business, by obtaining trademark protection for, for instance, the name of the show. I would be happy to help you with this. Please call me at your convenience for a free consultation at (805) 351-3681. Marina Lang, Esq. Symbus Law Group, LLC.

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Answered on 4/13/12, 3:09 pm
Bruce Beal Beal Business Law

All of the above are correct, but you need the whole package: You need:

(1) a confidentiality agreement, so that potential partners that you disclose details to won't use the ideas;

(2) You need registered trademark protection, either with an intent to use, if you are not published, or use, if you are in use; and

(3) You need registered copyright protection once you have published.

The reason that I say "registered" above is that you don't need to register to have rights in copyright or trademark. The first to publish or use is first in right in the US.

Registration gives you the right to sue, get attorneys fees, and statutory penalties, as well as giving notice to the world of your claim of right.

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Answered on 3/25/13, 2:16 pm


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