Legal Question in Entertainment Law in Massachusetts

Re: Idea for movie -- minimum requirements for copyright protection?

This is a tough issue, no matter how many times we see it.

The problem with copyright protection is that it protects only the expression of your idea, not the idea itself. This is particularly a problem with concept pitches, because even if a studio were to "steal the idea" and incorporate it into a film, you would be trying to prove that the studio's works (e.g., screenplay, film) were derivative works of your "concept" document. This is a very difficult case to make out EVEN IF the studio does nothing but amplify your concept.

There is also this conumdrum: if you pitch something vague/generic (e.g., triangular love affair ending in murder), the proposal would likely be protectable only as to the specific words on your document, and because the concept is so broad (and a stock plot theme in Hollywood), proving derivation would be next to impossible; on the flip side, if your proposal is very specific and provides lots of details, then you leave the studio with ample opportunity to copy the idea but change most of the details, which would serve to differentiate "their" work from yours. Oh, you should also know that most studios have very strict submission guideline documents that make it hard for submitters to make out a claim....

Now, on the plus side, Disney got whacked pretty badly a few months ago for implementing a theme park concept in Florida that had been pitched to them. Disney made a few critical mistakes (in addition to stiffing the guys who pitched the idea), including leaving copies of the pitch proposal in the files of the managers who developed the new park, while incredibly denying that the new park had anything to do with the concept proposal; also, they implemented the proposal pretty directly.

You might want to contact us for a review of what you are submitting before you send it. Best wishes,

LDWG