Protecting Your Pitches
by Jindra Rajwans B.A. (Hons.), M.A., LL.B., M.B.A., LL.M.
NOTE: The information in this article is not intended to be
legal advice and is of a general nature. Consult a lawyer
for advice for any specific situation.
When a writer or filmmaker conceives a great idea for a film
and wants to pitch it, he or she is sometimes fearful that
it can be stolen and made into a film. Many of us have
heard stories by people who claim that a particular film was
really based on their conception, and that someone else must
have stolen it. Some writers and filmmakers, in response to
this apprehension, decide to keep their thoughts for a film
top secret. Obviously, this approach may be problematic
since some form of disclosure will be required to elicit the
interest of others.
When I hear someone tell me that they have a great concept
for a film, and that they would like to protect it prior to
disclosing it to a third party, I usually refer to basic
copyright principles.
Copyright protection does not protect an idea, but rather
such protection exists only for works fixed in tangible
form. This means that a writer or filmmaker should record
his or her idea onto some tangible medium for it to be
protected. A few easy ways to protect your idea includes:
1) writing it down (i.e. fixing it in material form)
2) registering the written material with the copyright
offices in the U.S. or Canada, or other applicable offices
around the world
3) and the inexpensive method of putting the written
material in an envelope and mailing it to yourself by
registered mail; however, care should be taken to not open
the envelope
Most of us know that during a pitch, there is usually little
or no time to procure the necessary legal documentation to
ensure that your idea will not be used without your consent.
Moreover, even if a writer or filmmaker had the
documentation readily available, a producer may be put off
by the notion that a writer or filmmaker thinks that the
producer is a person capable of theft, and therefore the
producer may refuse to hear the pitch. And it is in these
situations that writers and filmmakers may be apprehensive
about sharing, especially when they have not taken steps to
protect their interests, as mentioned above.
However, all may not be lost in the absence of an express
written agreement that protects your rights. There may be a
way to argue your idea for a film is confidential
information and an implied contract exists between you and
the producer or other third party whereby the latter party
owes you a duty not to disclose such confidential
information without your permission and if the producer or
other third party uses your information, then you will be
compensated for it.
Although the fear of pitching in the absence of an express
written agreement can lead some writers and filmmakers to
completely refrain from pitching, learning about ways to
protect your rights may help alleviate such fears, and
ultimately, help you get your idea out there.
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Jindra Rajwans is a business and entertainment lawyer in
Toronto, Canada. The entertainment area of his practice
focuses on providing legal services to writers, directors,
producers, actors, musicians or other professionals, and
companies in the entertainment industry.
mailto:jrajwans@rajwans.com
416.323.5777
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Copyright (c) 2006 Peter D. Marshall / All Rights Reserved
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