Legal Question in Entertainment Law in New York

Probably not. Even if you did, you would have a very difficult time trying to prove it, or even entering evidence into a subsequent court battle. The rule of thumb is "if it isn't in writing, it didn't happen."

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You likely would have a claim under equitable theories, such as unjust enrichment. Under the theory of unjust enrichment, you will have to demonstrate that the writer and/or the producer benefitted, at your expense, and that equity and good conscience require restitution. See Leibowitz v. Cornell Univ., 584 F.3d 487, 509, n.9 (2d Cir. 2009). I, however, would still want my rights to be better protected by a contract, rather than leave my damages to be determined by the judge or jury.

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