Fremont, CA asked in Trademark and Intellectual Property for California

Q: How do I protect an idea for a musical (play) while I am develop the script and have other's collaborating?

I want to make sure that as I build my team, my idea is protected and not stolen.

2 Lawyer Answers

A: This is a copyright and trade secret question. A trademark is a brand name.

Copyrights generally do not protect ideas. The protection is for particular forms of expression. There is a doctrine called "scenes a faire." These are general situations that are not unique in life. Sometimes people sue for copyright infringement but their concept comes under "scenes a faire." The court requires originality that goes beyond the general idea. A confidentiality agreement might work if it the information that is protected is sufficiently specific. It helps to work with an attorney who has the perspective that is informed by having a sense of how courts look at copyright and confidentiality disputes.

A: IP contracts, confidentiality agreements, and NDA agreements are used in such cases as yours. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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