Legal Question in Intellectual Property in New York

Re: Improving an already existing online business

The real problem you have is that you want to improve someone else's business, and presumably your idea applies specifically to that company. There is really no way you can "own" an idea, especially about someone else's business, and if you disclose your idea to the company they would be free to use it without paying you, in the absence of an agreement.

A Non-disclosure Agreement is not exactly on point, because you are not concerned with their "disclosing" your idea, but with their using it without paying you. More important is that you make clear (in writing) that you are prepared to disclose a unique business method to them and, if they use it, you expect to be paid. Such a submission agreement should be simple, and signed by them before you give away your idea, and preferably state the fee you expect in exchange for the idea. Unless you have credentials as a business consultant, be prepared for them to refuse to sign something or pay you.

Re: Improving an already existing online business

Before telling others about your great idea, you could have them sign a non-disclosure agreement (also known as an "NDA"). Let me know if you want a form for this purpose...

Re: Improving an already existing online business

Before disclosing your idea to another party you should make them sign a Memorandum of Understanding (MOU), which should incorporate non-disclosure clause along with other necessary clauses. If you need one ...you can contact me at 818-481-9284.

Re: Improving an already existing online business

Your dilemma is that you need to disclose enough of your idea to them in general terms to get them interested in meeting with you, but not so much information that they could figure out the idea on their own. If you can do that, then you can likely convince them to sign a non-disclosure agreement prior to meeting with you. After execution of a non-disclosure agreement, you can disclose the "nuts and bolts" of your idea as well as any financial arrangements you propose. You will be protected legally, assuming you have a good non-disclosure deal prepared and signed, in case the company attempts to steal your ideas. You can probably complete a standard non-disclosure agreement yourself from forms on the internet, but I would suggest spending the money on an intellectual property attorney to review it and assist you if your idea really has some value. The money will be well spent.

Re: Improving an already existing online business

You need a Confidentiality & Non-Disclosure Agreement, wherein the "receiving party" (the internet company) agrees to keep your ideas confidential and not to use them.

Although these agreements are available on the internet, I recommend that you contact an attorney to assist you in developing an agreement specifically to fit your needs.

Re: Improving an already existing online business

You definitely need a Non-Disclosure Agreement. In an ideal world, you would also copyright your idea (if it has to do with expression) or patent your idea if it is a new business method. Copyrights are inexpensive. Patents are quite expensive.

In addition, I would recommend mailing a copy of your idea to yourself certified mail. That way, if you ever need to sue the company, the judge can open the envelope and see that the date on the unopened envelope is before the company started using your idea.

Let me know if I can be of further assistance.