Legal Question in Entertainment Law in Massachusetts

Re: Producing a Charitable Event: What are My Options?

Generally, ideas are not legally protectible unless they qualify for some legal protection, such as patent, trademark/name, copyrights, etc. Also, non-specific ideas or ideas too important to the public good are generally not copyrightable.

Having said that, if you had agreed to disclose the idea in exchange for compensation, that would be protectible under usual contract doctrines. Since most times others won't agree to pay for ideas until they've heard what it is, however, sometimes just disclosing it can expose you to risk of losing the concept to the one to whom you described it, if they are unscrupulous and take it without fair compensation or credit to the creator. Often sophisticated entities, who receive pitches from individuals trying to make it in the industry, will solicit the idea implying they will consider it in good faith after disclosure, but then run with it as their own and tell you that you had no legal protection when you disclosed the idea to them.

Most times, however, (if there was no copyright or contract governing prior to disclosure), the other side will be reasonable and negotiate to compensate you in good faith. If not, sometimes the law will imply a contract in these circumstances specifically b/c the idea is worthless until disclosed, and those who hear it should not be rewarded for stealing it from the creator, only to hide behind the strictures of the law. This scenario all depends on the surrounding facts and circumstances.

Give me a call if you'd like to talk through this some more, and perhaps reach across to them about reasonable compensation/credit to you.

Re: Producing a Charitable Event: What are My Options?

The charity angle doesn't change your rights, though it may bear on the amount that you would receive from licensing your concept. Usually this kind of thing is done on a percentage of revenues basis, depending upon how completely you have designed the concept (i.e., is it completely ready to implement by anyone reading your instruction guide, or just a sketch that will require additional conceptualization and implementation?).

Best wishes,

LDWG