Can you Protect an Idea

Producing the film is the quest for the holy grail that obsesses all filmmakers. It's an
expensive, time-consuming quest with many pitfalls along the way.

One of the most insecure parts of the quest is the beginning: when there is just "an idea."

Ideas cannot be protected by copyright. In theory, ideas cannot be protected at all, since many
people get the same idea around the same time. Just about all stories are variations on a few
stories that have been around since the time of the ancient Greeks. Even complex mathematical
ideas are sometimes germinated in brilliant minds at the same time -- witness the development of calculus
by the german philosopher Leibnitz and the english scientist Isaac Newton within a few years of each other.

However, there are practical ways to protect your ideas:

1. keep ideas to yourself until you have them written into some tangible form. It doesn't have to be a finished screenplay. You can write a one paragraph "outline", and follow up with a multi-page "outline" that is as specific as possible with regards to any characters, plots, theme, setting, style, visual elements, etc. You can then register this "outline" with the Writers Guild of America's registration department for a modest fee, and by sending them a copy of your project. Caveat: this registration has a limited time span. You must re-register your work prior to expiration of the time span, or they will destroy your "envelope" with the evidence that you registered a certain project.

2. Once you start showing your project (your "idea"), perhaps in the form of a "pitch" (ie a short oral presentation) you do have some protection, especially in California. The courts have swung back and forth as to the level of protection, and they seem to be more favorable towards the filmmaker/ writer at the present time (2009). Your "pitch" will be either to a "media professional" or a non-media "angel" or "mogul" or "investor." For non-media would be producers, a "non-disclosure agreement" may be appropriate. It is not appropriate for a media professional, who will most likely not want to hear your project, fearing a potential problem. The alternative: a. take a professional along with you ie agent, manager, entertainment attorney, etc. b. leave your written work (that you registered with the WGA) with the media professional. Media professionals must log in all projects that they listen to, and there is a record of your meeting. However, this is not foolproof because media professionals move around from company to company. If you're not an agent / entertainment attorney, keeping up with them is a challenge.

3. Sign a waiver of liability to submit an idea? This is not a good idea. While a company's desire to protect itself
from frivolous lawsuits is understandable, signing one of these waivers is a bad idea for the filmmaker. An
alternative is to find / ask an agent / entertainment attorney to submit the project for you. A legitimate media
company will agree to consider it, if it's submitted through a legitimate professional channel.