Contract Law as a Remedy for Story Theft
By: Mark Litwak
The law of oral and implied contracts can provide the basis for a successful lawsuit for story theft. A basic tenet of copyright law is that ideas are not copyrightable because they are not considered an "expression of an author." As courts sometimes observe, "ideas are as free as the air." Similarly, concepts, themes and titles are not protected by copyright law. A copyright can protect embellishments upon ideas, however. So while a single word cannot be copyrighted, the particular manner in which a writer organizes words - his craft, his approach - can be protected. While other writers remain free to create work on the same topic, theme or idea, they cannot copy the particular expression of the first writer.
Since one cannot protect an idea under copyright law, a writer who pitches a story idea to another is vulnerable to theft. Fortunately, there is another way to protect ideas. An idea can be the subject of a contract. A writer can protect himself by getting the recipient of an idea to agree to pay for it.
The best way for the writer to protect himself would be to use a written agreement. However, it may be awkward to begin a meeting by asking a producer to sign a contract, even a short one. Such a request might offend some producers or make them uncomfortable. They might worry about liability or want to consult a lawyer. Since writers often have difficulty getting in the door to see influential producers, asking for a written agreement may not be possible.
A less-threatening approach would be to make an oral agreement. The writer begins the meeting by simply saying: "Before I tell you my idea, I want to make sure you understand that I am telling you this idea with the understanding that if you decide to use it, I expect to receive reasonable compensation." The producer most likely will nod her head "Yes," or say "Of course," in which case you have a deal. If the producer indicates that she does not agree to these terms, depart without pitching your story.
Since this contract is oral, there might be a problem proving its existence and terms. That is why it's advisable to have a witness or some documentation. You could bring a co-writer, agent or associate along to the meeting, and after the meeting you might send a letter to the producer reiterating your understanding. The letter should be cordial and non-threatening. You could write: "It was really a pleasure meeting with you to discuss my story about. . . . As we agreed, if you decide to exploit this material, I will receive reasonable compensation." If the terms set forth in your letter are not disavowed by the recipient, the letter could be used as evidence of your agreement.
But what if the producer listening to your pitch doesn't steal your story but repeats it to another producer who uses it? You can protect yourself against this peril by saying: "I am telling you my idea with the understanding that you will keep it confidential and will not tell it to anyone else without my permission." If the producer nods her head okay or says yes, you have a deal, and you can sue if she breaches her promise.
Since one cannot protect an idea under copyright law, a writer who pitches a story idea to another is vulnerable to theft. Fortunately, there is another way to protect ideas. An idea can be the subject of a contract. A writer can protect himself by getting the recipient of an idea to agree to pay for it.
The best way for the writer to protect himself would be to use a written agreement. However, it may be awkward to begin a meeting by asking a producer to sign a contract, even a short one. Such a request might offend some producers or make them uncomfortable. They might worry about liability or want to consult a lawyer. Since writers often have difficulty getting in the door to see influential producers, asking for a written agreement may not be possible.
A less-threatening approach would be to make an oral agreement. The writer begins the meeting by simply saying: "Before I tell you my idea, I want to make sure you understand that I am telling you this idea with the understanding that if you decide to use it, I expect to receive reasonable compensation." The producer most likely will nod her head "Yes," or say "Of course," in which case you have a deal. If the producer indicates that she does not agree to these terms, depart without pitching your story.
Since this contract is oral, there might be a problem proving its existence and terms. That is why it's advisable to have a witness or some documentation. You could bring a co-writer, agent or associate along to the meeting, and after the meeting you might send a letter to the producer reiterating your understanding. The letter should be cordial and non-threatening. You could write: "It was really a pleasure meeting with you to discuss my story about. . . . As we agreed, if you decide to exploit this material, I will receive reasonable compensation." If the terms set forth in your letter are not disavowed by the recipient, the letter could be used as evidence of your agreement.
But what if the producer listening to your pitch doesn't steal your story but repeats it to another producer who uses it? You can protect yourself against this peril by saying: "I am telling you my idea with the understanding that you will keep it confidential and will not tell it to anyone else without my permission." If the producer nods her head okay or says yes, you have a deal, and you can sue if she breaches her promise.
