A common concern for many aspiring screenwriters is that their movie idea will be stolen if they pitch it to the wrong producer or studio. This fear becomes even more legitimate when one considers the imbalance of power and resources many studios and producers have compared to the average screenwriter. So how can writers protect themselves from unscrupulous studios or producers willing to steal their movie idea?
First, it is essential to understand that copyright law does not protect ideas. In fact, courts have declared: “Ideas are as free as the air.” In order to receive copyright protection, an idea must be expressed in some concrete form, such as a script or video. However, all movies start off as an idea and evolve with the help of a team to get it from script to screen. The strongest protective measure a writer can take is to register their script or well-developed treatment with the U.S. Copyright Office. That said, it is common to pitch a movie idea in the development stage without a copyrightable script being written yet – this scenario leaves the screenwriter vulnerable to idea theft.
While ideas are not copyrightable, they can be the subject of a contract. Prior to sharing a movie idea, writers can protect themselves by getting the idea recipient to agree to compensate them for sharing the idea if they wind up using it. Ideally, a written agreement would be signed but that is not always practical in the fast paced entertainment industry, especially for a novice writer. A contract can be implied-in-fact through an oral agreement or communications through email. It is always better to have something in writing.
To avoid a “he said, she said” situation in court, it would be prudent for a writer to have witnesses or documentation to serve as evidence of an oral agreement. A writer can send a follow up email to the producer thanking them for their time and reiterate the terms of the oral agreement. Such an email would be evidence of the existence of the oral agreement. An implied agreement would be created if the receiver does not refute the terms and the writer would receive more legal protection if the producer expressly confirms the terms with a response.
The context of when and how an idea is shared is important. Courts have found that a bilateral and reasonable expectation of payment can be inferred from the circumstances. For example, a business meeting between experienced entertainment professionals in an office is a better setting to share your movie idea than at a cocktail party. There is no protection for the “idea man” who blurts out his idea.
Stories are being shared through film more easily today than at any other time in human history. The proliferation of content distribution platforms has led to a demand for great storytellers and all great movies start off as an idea. If you have a great idea for a movie, make sure you protect yourself before pitching it. As Picasso said, “Good artists copy; great artists steal” – so remember to use the law as a tool of creative empowerment to protect yourself and your idea!
