Legal Question in Intellectual Property in California

To safeguard my concept and story for film and idea for a TV channel

Dear Sir, I am writing from India. I have written a story and one separate detailed concept for two films. I have got it registered with Writers' Guild of America. How much safe does it make me to approach the agents and producers in the United States and safeguarding my concept and story from being stolen?

I have written a detailed detailed project report on an idea of a TV channel. It is not a unique channel but in fact a collection of certain kinds of programs in one channels in a very presentable and distinct way. I have written in detail what kind of programs it will show and the steps to generate revenue and how to make it a very succesful channel. What steps should i take to safeguard the ideas for this TV channel? Should i get this project report registered with Patents Office of my country or get a copyright for it??? Since it is a commercial idea, please advise me that what all i should do so that whoever i approach for it, doesn't steal the idea and start it on his own. I will be highly thankful to you. God Bless.


Asked on 6/04/04, 6:08 pm

4 Answers from Attorneys

Vivek Anand M/S.VIVEK ASSOCIATES

Re: To safeguard my concept and story for film and idea for a TV channel

The elucidation of facts and its bare reading clearly indicates that the situation warrants a copyright protection of your work. Kindly verify from the Patent Office as the applicability and protection of copyright for your work as there are different yardsticks in different countries and it all boils down as to where you feel that your work needs to be protected. Thanks.

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Answered on 6/05/04, 2:58 am
Srinivas Kotni Corporate Lexport

Re: To safeguard my concept and story for film and idea for a TV channel

The story which you have written and the concept for the films and the project report are literary works protectable under the Indian Copyright Act. The first and foremost you can do is to perfect your right over the work created by you atleast in your home country i.e. India. Its excellent that you have got it registered with Writers' Guild of America. This will atleast freeze your status as the author of the stories. Now if you intend to approach andbody with your works the first thing you can do is to get a non disclosure and confidentiality agreement signed by the person whom you are meeting with your works. These kinds of positive action on your part go a long way in protecting your rights and to avoid further complications.

Now regarding your detailed project report on an idea of a TV channel I must say that ideas are not subjects for copyright protection. Only form or content is protectable. Nevertheless you can go ahead and get your project report itself registered with the Copyright Authorities first in India and then in those jurisdictions where you want the protection or where you want to exploit your creations.

From what you have written I get a feeling that you have designed a business model/process for a TV channel. Atleast in India as on date business process is not patentable. However, there are certain jurisdictions where business process patenting is in vogue. Depending upon the jurisdiction you can contact a patent attorney in such jurisdiction.

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Answered on 6/05/04, 3:39 am
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: To safeguard my concept and story for film and idea for a TV channel

In my opinion, it is unlikely you are going to be able to sell the idea for a new TV channel, without more (e.g., financing, endorsements, star power, partners). But best of luck regardless and I hope you prove me wrong.

However, in general, your ideas should be protected under intellectual property laws as much as you can, presented only to reputable parties, and you should be represented by an entertainment attorney to (a) be taken more seriously and (b) to reduce your chances of being seen as an easy, overseas, unknowledgeable target to take advantage of.

More information about my Los Angeles entertainment law services can be found on my website.

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Answered on 6/08/04, 7:01 pm
Jim McCullaugh Law Offices of Jim McCullaugh

Re: To safeguard my concept and story for film and idea for a TV channel

Yes -- the more protections you get the better. You should copyright all your concepts and get any applicable trademarks. You are better off getting an agent or attorney to represent you but if you start pitching the ideas yourself, make sure you indicate in your cover letter all of the precautions you have taken. Sometimes ideas do get 'purloined' but at least you will have some record of protection. It's not foolproof. You might also speak to an intellectual property attorney in your country who knows global intellectual property issues.

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Answered on 6/04/04, 7:00 pm


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