Can you patent a film idea?

[bosindy]

Okay, here is the earthshaking secret. We've used it to copyright reality shows (which cannot be done), game shows (which cannot be done) and others.

Write a short story that details your concept in ficticious format. It must be in narrative form. Dialogue is written as it would appear in narrative form.

For game shows, write every possible scenario across several random characters. The name of your story is the name of your show. Chapters act loosely as episodes, though this isn't the hard and fast rule. Register each short story or novella with USLOC under Form TX or Short Form TX. Wait approximately two months and your certificates will arrive if there are no clerical errors in your submission.

As an example, these are the steps we've taken with our game show. Two separate, but legally partnered parties: mail full materials (treatment, synopsis, short story, trademark application TEAS forms et-cetera) to each other and to self and hold unopened indefinitely; mail full materials to WGA for registration; mail full materials to Library of Congress Office of Copyrights; Register three show names in black and white and combined color marks with USPTO; Place TM device on all logos that are under review with USPTO until certificate numbers are issued; Place Circle R device on first use of all logos that receive USPTO certificates.


Nothing is bulletproof, but the onus is on the creator to do whatever possible to protect their interests. Just my opinion once this, but I'd solidly ignore those who tell you to go and carelessly spread your concepts around like so many seeds in the wind without concern over ownership.

They will steal it. Say it out loud and with me, "They will steal it".

Button it up - Fort Knox it, then shoot it or pitch it or both. Taking care of your intellectual property isn't an inconvenience, it's just another relatively simple matter of doing business in the entertainment industry.

e

This would not protect the idea. Ideas are free. the only thing this would protect are the words on the page. "the expression of the idea" For this reason, people rarely copyright a treatment because there is not enough there to protect.

The one area where the courts have found that someone is protected is not based in copyright. It is when they view that an implied contract exists between you an the person who stole the idea. I.e. You pitched them with the understanding you would write or direct. One of the burdens to overcome is that you are "in the industry". If a plummer tells the studio exec, "you know what would make a great game show?" He is not protected.

Your idea would help in this circumstance. It would be evidence that the idea was yours. The only part you would need to do is register it with the WGA. If you pitch someone and they steal it, make sure you saved all correspondence, saved business cards and write down a brief synopsis of the meeting on it is over.

THE UNOPENED MAIL IT TO SELF DOES NOT WORK. People could just a easily mail open letters to themselves and then seal them with their work weeks months or years later.


Again ideas can not be copyrighted. Mark Cuban can make the Apprentice. Joe Shmo can make a show with girls exposing themselves like girls gone wild. Some of the specifics need to be changed. (cuban instead of trump. Richard Branson instead of trump) but the idea is open.

 

[Erik Olson]

Bosindy,

Your research is your's, our's is our's. WGA provides significantly less protection than a formal copyright - certainly in the event of a legal judgement.

As I stated, ideas aren't patentable (wrong legal application). Ideas, in the proper written form, are eligible for protection under US Copyright Law. Merv Griffin Enterprises and Endemol and the rest all use this technique.

In addition, my advice on trademark protection should be used in conjuction with the prescribed copyright information. Studios trademark all of their franchises now for exactly this reason. The strength of this [copyrighting] technique hasn't yet been tested [by us] in court, however, we dot these i's and cross these t's for each and every project. Less is not more in the world of the development of intellectual property.

We subscribe to industry-standard best practices that prescribe investing up to a few thousand dollars (in filing and legal fees) to protect each of our intellectual properties. This is our benchmark, and certainly not the law. In our experience, these practices go a lot further toward protecting our interests than doing nothing at all.

Suit yourself!

e

 

[bosindy]

Bosindy,

Your research is your's, our's is our's. WGA provides significantly less protection than a formal copyright - certainly in the event of a legal judgement.

As I stated, ideas aren't patentable (wrong legal application). Ideas, in the proper written form, are eligible for protection under US Copyright Law. Merv Griffin Enterprises and Endemol and the rest all use this technique.

In addition, my advice on trademark protection should be used in conjuction with the prescribed copyright information. Studios trademark all of their franchises now for exactly this reason. The strength of this [copyrighting] technique hasn't yet been tested [by us] in court, however, we dot these i's and cross these t's for each and every project. Less is not more in the world of the development of intellectual property.

We subscribe to industry-standard best practices that prescribe investing up to a few thousand dollars (in filing and legal fees) to protect each of our intellectual properties. This is our benchmark, and certainly not the law. In our experience, these practices go a lot further toward protecting our interests than doing nothing at all.

Suit yourself!

e

I don't disagree with what you are doing. you are giving yourself protection, (but perhaps not as much as you think). What is in dispute is whether you can copyright an idea?

The general rule is that you can not copyright an idea (but there are smart things you can do to protect it)

As far as a way to protect and idea, again I don't think what you are doing is bad or incorrect or somehow not best practices. "splashing around" legally gives people notice that you have an idea and when you go and pitch that idea, an implied contract can exist that that idea is yours. This notice is easily obtained through filing with the WGA. Recording a chain of activity about who you have spoken to about the idea and when is essential. We are not talking copyright in this case.

As far as copyright, by filing with specificity your idea with all of the different details you can imagine, the WRITTEN WORDS AS THEY PERTAIN TO THE IDEA are protected, not the idea itself. Someone can take the general idea (peons compete for a job with a mogul) and change the details (Trump, "Your fired", board room etc.) You are protecting those written details though, not the idea. You are basically throwing darts in the wind, (which sometimes hit something) and can help if it is a killer detail and at the very least (like chicken soup) doesn't hurt. That's why I am not surprised that it is done, and don't say you shouldn't do it. The general idea is not protected and copyright is usually a difficult burden in this situation. The reason is that people do often have similar ideas.

For this reason, the lawyers know at Merv Griffin that they protect ideas internally and only talk about them when it is required to make it happen.

By protecting yourself as you have, what you have done is shown those who may steal your idea that you will go to great lengths to protect it. The threat of litigation can be a powerful thing. copyright law has a lot of uncharted territory and it only takes one decision to move the law in the direction of more protection.

To a lesser point though, no attorney would ever tell you to self mail. It won't protect you and it is redundant if you file with the WGA and try to register a copyright.

the last thing I would say is to anyone that might take any advice from this thread, don't. We are speaking in generalities and your situation is fact specific to you. It is too easy to misinterpret a suggestion or leave out an issue. See a qualified attorney for all of your legal filmmaking issues. Many states have free resources for artists.

 

[Erik Olson]

Bosindy,

"See a qualified attorney" is a key point, and your thoughts on this are all spot-on (as usual).

I'm careful to never give legal advice, but I feel quite comfortable sharing with fellow creators what we have discovered (read: paid handsomely to "discover") and subsequently implemented ourselves.

The techniques we use certainly aren't guaranteed to produce results, but the promise of litigation coupled with proof of diligent and ongoing enforcement is a major dissuading tool for anyone looking to boost our property for their gain.

e™