NDA or other protection before "Pitching?"

DreamLarge

DreamLarge

I'm pitching a Reality TV concept to an Emmy Winning 'retired' Hollywood producer soon. Should I make him sign something before handing over the 2 page synopsis? I've already registered it on WGA.

Dream Large
 
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I've heard of plenty of cases where the pitcher has sued the pitchee for taking their idea, using it without paying for it.

So where knightly said, you cannot protect an idea which is essentially true, when you pitch your idea to someone, it could be a new ballpark. I don't know what law it is covered by.

Perhaps a non-compete agreement within a NDA could be more applicable.
 
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One potential would be to sue through a court of equity, but I wouldn't put a lot of faith in it. A lot would depend on the judge and your lawyer if you have one. A lot of companies will have you sign an agreement before they will even talk to you that basically holds them blameless.
 
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directorik said:
Could you point to some of the cases you have heard about? I have never heard of this happening.
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MV5BMTA3NDQ5NDQ4OTJeQTJeQWpwZ15BbWU3MDI1NDU4MTE@._V1_SY317_CR5,0,214,317_.jpg
http://www.imdb.com/title/tt0265298/
After a young boy's school essay erroneously finds its way into the hands of a Hollywood producer who turns the idea into a hit film, the boy travels to Los Angeles to claim his credit.

See?!
It happens!
 
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Sweetie said:
When I come across some more, sure. I see about once every month hitting the news over at http://www.hollywoodreporter.com/.
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I'll look forward to you pointing out a law suit when you read about it
next.

So you're saying that this happens about 12 times a year? I subscribe to
both the web and print edition. I have back issues going back about 15
years - I've been a subscriber since the 1980's. Any that you remember
from January or February?
 
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Sorry I left one word out, meant every other month.

And yes, mid to late Jan. If memory serves me right, there was 2 articles around that time. 1 was from an in-house employee pitched an idea to her boss, her boss took the ideas as her own and the company was sued. The other was a producer pitching an idea to some producing company, that company leaving the producer out, taking the concept and running with it themselves. They were sued for loss of producing profits.

Not precisely the same example as was mentioned above, but it does show a pattern of being able to sue if you pitch your idea and they use it without compensating you.

If you're not looking at the legal articles that come out, I'm not surprised that you miss them.
 
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Sweetie said:
Sorry I left one word out, meant every other month.
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Fair enough. So this is reported about six times a year.


Sweetie said:
And yes, mid to late Jan. If memory serves me right, there was 2 articles around that time. 1 was from an in-house employee pitched an idea to her boss, her boss took the ideas as her own and the company was sued. The other was a producer pitching an idea to some producing company, that company leaving the producer out, taking the concept and running with it themselves. They were sued for loss of producing profits.
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I have looked through all the January issues and did not find any
mention of these examples. I have searched the on line edition
and couldn't find these examples. Perhaps you could guide me by
posting a link?

Sweetie said:
If you're not looking at the legal articles that come out, I'm not surprised that you miss them.
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I am looking at the legal articles. I'm extremely interested in this
issue and have been for many years. I have found a total of four
examples (over 15 years) where the suit has gone to court and
all were dismissed. I have found a few more where some disgruntled
writer sued after something like "PitchFest" but the case is dismissed
before going to court - lack of evidence.

People mention this happening on messageboard often - I would love
some actual, verifiable examples to show that producers take ideas
from writers at pitch meetings and that prodCo's take concepts from
producers after a pitch and run with it causing loss of profits.

You know of plenty of examples. Help me out here - I can't find any.
a pitch
 
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Fair enough. So this is reported about six times a year.
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Don't take this literally as every 60 days it happens. It's just how often it felt to me that it seemed to be reported as happening.

As I said, I'm happy to post when I come across an article like it again. I'm not inclined to go do hours of searching. If I figure out how to find it in between, I'll post the results.

The problems is when people leave it up to an interpretation of the law where they come into troubles.

There is a basic legal tenant that you cannot copyright an idea. There is also a tenant of (I believe it is called) acting in good faith (or maybe called both parties coming to the deal with clean hands). This is where there can be an issue. When someone pitches an idea to a production company, there is a good faith understanding of being paid for an idea if it is used. If the intent of the pitch is to steal the idea, then you're not coming to the table with clean hands/acting in good faith, or whatever it is called. The problem is both is right. The thing for the lawyer is to argue what is more right. Correct me if I'm wrong.

The safest way is to get an entertainment attorney to find out the best way to protect your interests if you're pitching an idea.
 
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I did the pitch, but not to the original guy. I ended up pitching to a prod co, that wants me to bring back a detailed treatment for the pilot. No terms or money was discussed. Nothing was signed. Friendly coffee chat.
 
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Morris, great article.

To sum it up it seems: California protects only those ideas disclosed pursuant to an agreement, expressed or implied. New York protects the submission of ideas under both contract and misappropriation law upon a demonstration of value to the disclosed party, generally through a proof of novelty and originality.

So in California, you need a contract to protect your idea, and in New York, having that protection is recommended but not entirely required. So in reality, it depends on where you live so seek a lawyer or risk getting ripped off?

Ouch.
 
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DreamLarge said:
I did the pitch, but not to the original guy. I ended up pitching to a prod co, that wants me to bring back a detailed treatment for the pilot.
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That's always a good sign. Did you have then sign a NDA?

Sweetie said:
Seems entering "pitch" into their search engine was easy enough to get some quick results:
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Thanks for those. I did find them but didn’t think they met the criteria.

I knew about the reality show suit. I, too, pitched a makeup effects
reality competition show (with Tom Savini as the host) in 2008. We
were told at that meeting that NBC already had a show like that in
development for SyFy with Ve Neil attached and that they were in
talks with one of the Westmore’s as host. Since I knew Ve, I contacted
her and she confirmed it. This was 2008. My lawyer has suggested
that we may be asked to testify on this case.

I also found the Angela Wilder example but it’s clear that this is no
more than a nuisance lawsuit that has no merit.

But I now see what you were getting at. That anyone can sue for anything.
Neither case shows that producers or prodCo’s take concepts and run with
it - as you said. Writers can, and do, sue producers and prodCo’s all the
time. With that in mind I know of fourteen cases - all dismissed.

This is a great example of why producers and prodCo’s and studios have
much more to fear from writers with concepts. Writers do not need to
fear their concept being taken - producers, prodCo’s and studios need to
fear being sued.
 
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