Can I Sue a Studio If It Steals My Idea?

One of the quintessential American dreams for those in Hollywood is writing a script and getting the green light. But what happens if a studio passes on your idea only to turn around and make a motion picture or TV show with the same premise—usually because they have heard a similar pitch before or already have a similar project in the works? What do you do if you’re on the short end of that stick?

California Contract vs. Copyright Protections

In California, you have the right to protect a pitched idea under an implied-in-fact contract theory. Copyright law will only apply if the script itself is written or put into a tangible form.

“An idea submission claim says, ‘You didn’t rip off my script; you ripped off my idea,’” explains entertainment litigator-turned-mediator Bruce Isaacs. “Ideas aren’t protectable under copyright, but they may be protectable in California under contract. But such cases are very difficult to win.”

How To Make a Successful Idea Submission Claim

To successfully make an idea submission claim, one must have conditioned the transfer of the idea on the basis that they would get paid if the studio were to use it. Legal precedent says the contract is not a bargain for the idea itself “but for the services of conveying that idea.”

Isaacs says you have a case “only if you made it clear you were disclosing it for compensation, and that if they ever used it, they would compensate you for the use of the idea. If you said the right words, gave them a chance to say no, and you didn’t just blurt out your idea, you can assert that the studio got this idea from you, and you can be compensated for that idea.”

The reason you likely haven’t heard about these kinds of legal disputes, Isaacs says, is that most are resolved privately—“either at the mediation stage or in arbitration, and both of these processes are confidential.”

Litigation vs. Alternative Dispute Resolution

Claims related to idea submission and copyright infringement are usually brought by a third party who doesn’t have a signed contract with an arbitration clause, Isaacs adds, and therefore, they must file a lawsuit rather than arbitrate a dispute. If one is alleging copyright infringement, the case must be filed in federal court. While idea submission claims are based on state laws, often the claims are filed at the same time, and the court will join them together in federal court.

“The court, especially in literary property cases, will almost always grant a motion to dismiss or summary judgment in favor of the defendant, which is the studio,” says Isaacs. “It’s really hard for a plaintiff to win one of these cases. So, the copyright claim usually goes away. The court will rule on the idea submission claim at the same time, and they almost always punt on the state law idea submission claim by saying, ‘With no copyright claim available any longer, we at the federal court don’t have jurisdiction,’ so they send it down to a state court.”

The Burden of Proof Is Difficult

Idea submission claims are difficult because of the burden of proof. “If you think you wrote ‘Terminator’ and you think your script or treatment has been used, you must show that you or your people had access to that script or treatment and that they are substantially similar,” Isaacs says.

In a copyright claim, the court has to look at the similarities and determine if it rises to the level of protectable expression. If it’s not a new or fleshed-out idea, then the law won’t protect your pitched idea.

Find an Experienced Intellectual Property Attorney

Even a great idea can be lost without proper copyright protections in what you created. Consider contacting a law firm and seeking legal advice from a reputable and experienced intellectual property attorney to ensure your original work is protected ahead of time — or if you’re considering legal action for copyright infringement or breach of contract.

For more information on this area, see our overview of intellectual property law.