Why Choose Our Idea Submission and Theft Attorneys in Los Angeles?
At Yadegar, Minoofar & Soleymani LLP, our Los Angeles employment lawyers understand that unlike copyright law, idea submission claims may protect ideas through implied contracts. Our idea submission lawyers know how to protect these idea claims and will be able to protect your intellectual property.
What is Idea Submission and Theft Law?
Idea submission and theft laws are another avenue to protect creative work. This area of law shares similarities to copyright law, but differs in substantial ways. Idea submission and theft laws protect the idea itself, whereas copyright law protects the expression of the idea. Importantly, whereas an idea’s creator can bring suit only against someone with whom he or she has a relationship or contract with (i.e. there is a legal obligation between both parties), a copyright infringement claim can be brought against anyone in the world who has access to the creator’s work. Though these distinctions become blurry when put into practice, idea submission and theft laws have its own set of elements to protect plaintiffs whose ideas do not reach the level of copyright protection.
The leading case in this area is Desny v. Wilder, 46 Cal. 2d 715 (1956). To establish an idea submission claim under Desny for breach of an implied-in-fact contract, the plaintiff must show that the plaintiff prepared the work, disclosed the work to the offeree for sale, and did so under circumstances from which it could be concluded that the offeree voluntarily accepted the disclosure knowing the conditions on which it was tendered and the reasonable value of the work.
Call our Los Angeles Idea Submission and Theft Attorneys Today
Here at YMS, our Los Angeles intellectual property attorneys are experienced in helping our local residents with their entertainment law issues. We understand the unusual circumstances that often surround disputes in the creative arts industry and we know how to apply the laws of the State of California to these unique issues. To meet with our experienced LA idea submission and theft lawyers, call our office today at (310) 499-0140 and we would be happy to schedule a consultation to discuss your entertainment career and the issues you are facing.