Legal Question in Intellectual Property in Illinois

Getting copyright for idea on documentary

I have an idea for a documentary which I don't believe has been done. I have not compiled all of the content for this documentary as I do not own any of the footage, however, someone like ESPN probably does.

I would like to sell this idea to them, or some similar company, but I don't want to discuss it with them over the phone for fear they will take the idea.

How can I get rights to the idea, if I even can?

Any response would be much appreciated.

Thanks in advance,

PD


Asked on 4/13/03, 9:26 pm

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Getting copyright for idea on documentary

Your instinct is correct. You cannot protect the idea of your documentary, even by copyright. You can,however, protect the concrete expression of that idea. You should send a copy of your description to the Screen Actors Guild, or to your self, but do not open the envelope, when you receive it, evidencing the date you have expressed the idea, and then submit the idea to ESPN, or a producer over there. Your submital letter should containe provisions which reserve to you the sole right to publish the idea in its then concrete form. As much language of trust as you can muster will stand you in good stead.

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Answered on 4/14/03, 7:54 pm
Bruce Burdick Burdick Law Firm

Re: Getting copyright for idea on documentary

Copyright does not protect ideas, but rather the artistic expression of ideas. So, you need to set your "ideas" to paper or the electronic equivalent to document the expression. I suggest you review this document with a copyright lawyer to get it registered. You could describe the footage that would go into the places where you do not have footage. The better the description of the footage, the more likely it will be covered.

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Answered on 4/13/03, 10:12 pm


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