Protecting Your Idea

The availability of the internet makes it more difficult than ever to protect our ideas. How do you protect your great idea from all the sharks in Hollywood that want to steal it? It's very tricky to protect an idea when what you want is to reach the largest possible audience. That's because the best way to protect your idea is never to talk about it or show it to anyone. Publish after you're dead and let your heirs get all the money. It worked for Emily Dickinson, didn't it?

However, if you read this blog you probably want to see your creation reach an audience in your lifetime. If that's the case, there are some practical steps you can take. Remember that copyright does not protect your idea, it only protects your expression of that idea.

1. First thing -- write it down, record a CD, or make a DVD. Once a piece has been created in a fixed form, it automatically has copyright protection. You can enhance that protection by registering with the U.S. copyright office. Mailing it to yourself return receipt requested to proved the day on which it was created does not prove ownership, although it could prove to be a strong piece of evidence should you end up taking a copyright violation case to court.

2. It's still possible that your written notes about the idea may not be protectable. You may have outlined an idea substantially similar to a show currently on television, or that has copyright protection. To use an example from Golf Channel: you can't protect the idea of a reality elimination show for golfers where the prize is an exemption on a professional tour. There have been several shows with this idea. However, Golf Channel can copyright 'The Big Break,' the specific program created around that basic idea. Does your idea have a unique expression?

3. One of the best ways to protect your idea is to control the property. For example, if your idea is to take a celebrity golfer and substantially improve his golf game (the idea for The Haney Project on Golf Channel) you can protect your idea if you are the agent or otherwise control access to the celebrity teacher and the celebrity. Do you own or control the rights to something other than your idea? (See my previous post 'Turn Your Idea Into a Property.'

4. Another good way to protect the idea is to produce it yourself. If you can't produce it yourself, can you get an established production company to commit to producing the project with you?

5. Create the unique expression of the idea yourself. Write a script, storyboard the movie or episode, or design the web site. The actual expression you pick depends upon your idea, of course. Writing the first script of your sitcom or screenplay for your movie provide the details of your expression that allows you to protect your idea.

For more information about copyright protection, go the U.S. Government's copyright site: www.copyright.gov E-mail me or post comments if you have more questions.