Protecting Your Ideas
In the media, even more so than in most industries, ideas are a valuable commodity. A great idea can bring success to everyone involved in the project, so everyone is always on the lookout for the next great idea. If that idea happens to be yours, it will bring you all kinds of attention - some of it welcome, and some of it not.
Where do ideas come from?
It is a well-worn cliche that there is "no such thing as an original idea", especially in the audio visual industries. Novels, plays, biographies, existing film and broadcast productions, real life stories and even art and music all provide sources of inspiration for creative projects. Sometimes this inspiration is quite explicit. Remakes and adaptations are common, and real life events are a constant source of inspiration for productions, with a list of potential ideas as endless as human experience. How many times have you seen the words "based on a true story" at the end of a film or television programme?
Sometimes, though, it is harder to trace where an idea has actually come from. A moment of inspiration, a chance comment from a friend that triggers something in you, or the brilliant idea you've always wanted to make - you may think you have the greatest original idea ever. But how can you be sure that the idea is actually your own? And if your idea is based on other sources, how can you acquire the rights and protect your interests?
Making sure an idea is actually yours
Inspiration is free - so long as it's not strangely similar to someone else's inspiration. But if you are using someone else's characters, settings, scenes or anything else recognisably their own work, you must get permission from the owner.
You don't need to make sure that no-one else has ever had the same idea as you - that would be impossible (and unlikely). However, it is your responsibility to make sure that your idea is not in the public domain already. If someone has written or produced something, those ideas are copyright; unless you can prove that you could not have had access to this work, you could be sued for theft of their intellectual property.
To be completely sure, producers of large-scale productions such as feature films often take out errors and omissions insurance which cover them if they are sued for libel, slander, breach of copyright etc.
Securing the rights
If the idea comes from a book - the author's agent must be contacted and rights secured. These may be owned by the publisher of the book, or by the writer, depending on their contract. Whoever owns them will want money for the idea of the book (often called intellectual property) to be reused in a film - even if the film makes lots of changes to the book's story. This might mean a lump sum up front for full rights, or some amount in advance for the right to develop the script over a certain period (an option) - and then some more money if production goes ahead.
If your project is based on an existing film, play, television series or radio production, you must acquire the rights to use this material from the owner. This will usually be the studio or the production company because the rights will normally have been sold, or, rarely, the writer themselves. The writer or the writer's agent will usually know who the rights are held by, so they are usually a good starting point.
If your idea is based on a true story, as many are, the rights issues involved can become very complicated. If the characters are real, they must agree to appear and may ask for money. If the setting is real (a war, for example), but with fictional characters, no money needs to change hands - but be careful not to accidentally make a character exactly like a real person or they might object. Check that any fictional characters don't have real counterparts in the setting you've chosen. If your megalomaniac entrepreneur baddie has a big smile, a beard and a hot air balloon, be careful!
A writer of true stories must be concerned with defamation. If a character in your story is based on a real person, merely changing the character's name may not be enough to prevent libel action. Don't expose anyone to defamation (hate, contempt, embarrassment, financial loss, etc.). If you are writing a "true story", either stick to dead people who can't sue you, or if the people are still around, get their permission.
In all the above cases, seek legal advice to make sure you are fully covered.
Protecting Your Ideas
Until you tell your idea to other people, you won't really know how good it is. Having feedback from others is vital to assess how good they are, and essential if you want to get your project made. The trouble is, how can you be sure that those ideas will remain your own?
Remember, an idea itself cannot be copyrighted: you need a written or physical instance of it. If you have an idea for a story, write a treatment and show it to people before you discuss it. If you are writing a script, register it with a central authority such as the Writers' Guild of Great Britain. Whenever you send a script or treatment to someone, make sure your authorship is clearly stated on the front cover. If you don't look after your own interests, no-one else will do it for you.
Naivety is commonplace amongst aspiring media enthusiasts, and there are no rules about how to protect your assets. Knowing who to trust, and how to assert your talents effectively, are skills which take time to develop. Watch your back, and be prepared to make mistakes. Remember, the audio visual industries are always looking for new talent. If you have it, and are prepared to persevere, you will succeed.
Where do ideas come from?
It is a well-worn cliche that there is "no such thing as an original idea", especially in the audio visual industries. Novels, plays, biographies, existing film and broadcast productions, real life stories and even art and music all provide sources of inspiration for creative projects. Sometimes this inspiration is quite explicit. Remakes and adaptations are common, and real life events are a constant source of inspiration for productions, with a list of potential ideas as endless as human experience. How many times have you seen the words "based on a true story" at the end of a film or television programme?
Sometimes, though, it is harder to trace where an idea has actually come from. A moment of inspiration, a chance comment from a friend that triggers something in you, or the brilliant idea you've always wanted to make - you may think you have the greatest original idea ever. But how can you be sure that the idea is actually your own? And if your idea is based on other sources, how can you acquire the rights and protect your interests?
Making sure an idea is actually yours
Inspiration is free - so long as it's not strangely similar to someone else's inspiration. But if you are using someone else's characters, settings, scenes or anything else recognisably their own work, you must get permission from the owner.
You don't need to make sure that no-one else has ever had the same idea as you - that would be impossible (and unlikely). However, it is your responsibility to make sure that your idea is not in the public domain already. If someone has written or produced something, those ideas are copyright; unless you can prove that you could not have had access to this work, you could be sued for theft of their intellectual property.
To be completely sure, producers of large-scale productions such as feature films often take out errors and omissions insurance which cover them if they are sued for libel, slander, breach of copyright etc.
Securing the rights
If the idea comes from a book - the author's agent must be contacted and rights secured. These may be owned by the publisher of the book, or by the writer, depending on their contract. Whoever owns them will want money for the idea of the book (often called intellectual property) to be reused in a film - even if the film makes lots of changes to the book's story. This might mean a lump sum up front for full rights, or some amount in advance for the right to develop the script over a certain period (an option) - and then some more money if production goes ahead.
If your project is based on an existing film, play, television series or radio production, you must acquire the rights to use this material from the owner. This will usually be the studio or the production company because the rights will normally have been sold, or, rarely, the writer themselves. The writer or the writer's agent will usually know who the rights are held by, so they are usually a good starting point.
If your idea is based on a true story, as many are, the rights issues involved can become very complicated. If the characters are real, they must agree to appear and may ask for money. If the setting is real (a war, for example), but with fictional characters, no money needs to change hands - but be careful not to accidentally make a character exactly like a real person or they might object. Check that any fictional characters don't have real counterparts in the setting you've chosen. If your megalomaniac entrepreneur baddie has a big smile, a beard and a hot air balloon, be careful!
A writer of true stories must be concerned with defamation. If a character in your story is based on a real person, merely changing the character's name may not be enough to prevent libel action. Don't expose anyone to defamation (hate, contempt, embarrassment, financial loss, etc.). If you are writing a "true story", either stick to dead people who can't sue you, or if the people are still around, get their permission.
In all the above cases, seek legal advice to make sure you are fully covered.
Protecting Your Ideas
Remember, an idea itself cannot be copyrighted: you need a written or physical instance of it. If you have an idea for a story, write a treatment and show it to people before you discuss it. If you are writing a script, register it with a central authority such as the Writers' Guild of Great Britain. Whenever you send a script or treatment to someone, make sure your authorship is clearly stated on the front cover. If you don't look after your own interests, no-one else will do it for you.
Naivety is commonplace amongst aspiring media enthusiasts, and there are no rules about how to protect your assets. Knowing who to trust, and how to assert your talents effectively, are skills which take time to develop. Watch your back, and be prepared to make mistakes. Remember, the audio visual industries are always looking for new talent. If you have it, and are prepared to persevere, you will succeed.
