Measures to take into account.

[mrklmac]

Hi fellow VJs,
I need some help or opinions regarding something which has been going through my mind lately. Let me explain how this is.

I have formed 3 complex ideas for a concept show. One related to the storyboard and the other 2 regarding visuals. I am willing to find a good agency (which i already have in mind) to invest in them. The people at the agency are always willing to invest in such things at their shows and them and me being constantly in business I have chose them to be the first people to see my ideas.

I have written a document highlighting and explaining the ideas in detail. So i'm now ready to present it to them. The problem is how i'm going to do it. Obviously they are not expecting something and they haven't asked for it. So imposing a fee to view the ideas is surely not an option. Let us say that they like the ideas and are willing to invest in them. I want to be part of it, since i am the man behind the ideas.

On the other hand, although they are unlikely to do this, you cannot really trust anyone when good money is involved. So sometimes i think they might easily take my ideas and find another source to materialize them for them. Moreover they can even point out that they have already thought about the ideas before i showed them the document. Obviously i am presenting ideas which i can really develop and materialize. So they shouldn't have a problem to choose me and my ideas as 1 package. But you never know what they might think.

Can I please get some help regarding what i should do. Should I attach a letter to the document which states that he cannot just use the ideas? Or should i go to a legal person and write a proper letter which the agency guy need to sign before he can see the document? If the latter is the best option do i really need to go to an advocate or a notary is enough?

[alfaleader]

I know that one thing you can do is send a registered letter to yourself with the idea in it, and don't open it. If they say they had the idea before, you can prove it.

But others will know most likely better ways, this would be just a last resort

[mashie niblick]

Hi

I suggest you speak to your preferred agency, explain your project in broad terms, and see if they would be prepared to sign an NDA ("non disclosure agreement" or sometimes called a confidentiality agreement) before you show them any detail.

If they are a professional agency, they will be quite used to this - they might even have some form of "template" NDA you can consider. This will need to have clauses to address your concerns. Alternatively just do a google search for agreements of this type and find one that is relevant. Just make sure it is as legally watertight and enforceable as poss for your (legal) territory.

good luck

mashie

[devonmiles]

very few ideas are really original nowadays. almost everything has been around for some time in one or the other shape. things that look original at first sight often can be traced back to one very basic idea.
this makes it really hard to copyright ideas unless you have a flock of lawyers doing an extensive research for you. my father owns two companies for medicall equipement. when they develope new methods or devices he consults a special agency for that reason, who is searching patents and archives if the idea has already been conceived. they write an technical description in a form that is legally validated and can be used as a preliminary for publication or later patenting.
this is a highly complex issue and if they want to steal your idea and have some cash to throw at a court trial you will most likely loose.
personally I wouldnt send anything thats potentially new by letter. make an apointment and do the presention in their office. this way you can answer potentioal questions and in case they are up for the idea, you could suggest making a contract.

[mrklmac]

yeh devon, that's what i was thinking. But i would explain about the thing being my idea and give him the paper to sign at least before i open the document and start explaining. I'm not really after copyrighting and stuff. Even the ideas are inspired but i developed them in a radical way that they haven't got to do with the inspirational sources. It's just that i want to be the first guy behind these concept in the country i live in and then i don't have any problem with others getting inspired. I cant really explain myself cause i cant just write here. But i appreciate your help guys.. Thanks.

[vanakaru]

I think you should try to produce a demo with your own money or sponsors. Then go out selling it.

[many2]

Originally Posted by mashie niblick

Hi

I suggest you speak to your preferred agency, explain your project in broad terms, and see if they would be prepared to sign an NDA ("non disclosure agreement" or sometimes called a confidentiality agreement) before you show them any detail.

If they are a professional agency, they will be quite used to this - they might even have some form of "template" NDA you can consider. This will need to have clauses to address your concerns. Alternatively just do a google search for agreements of this type and find one that is relevant. Just make sure it is as legally watertight and enforceable as poss for your (legal) territory.

good luck

mashie

NDA is the way to go. 100% sure.

That being said, they might refuse to sign one. For example, I know that no big videogame development studio will ever look at any proposition for a game concept. Never ever. And even less if you ask for a NDA. The reason : they already have more ideas that they can produce, and there is a good chance yours is already on their "To Do" list. By listening to your idea, they could potentially short-circuit one of their own.

Second thing, a NDA is a contract but it's no guarantee. If your idea is good and they steal it, do you have the means to actually prosecute and ask for damages based on your NDA ? A contract is most often only as valid as the budget you have to actually defend it in court...

Third thing, good ideas are rarely exclusive. I've had a concept in my hear for over 5 years that got patented this year by disney. But I've never talked of that concept to anyone except a few close friends, so I know they haven't stolen my idea : it just happen that the brain of some imagineering guy there was receiving the same kind of inspiration as mine. And ispiration is cultural, and culture is now a world-wide real-time phenomenon, so for each good ideas in your head, there are possibly hundreds of similar heads around the world having the exact same idea.

The only way to actually protect an idea is to make it happen and publicize it. Then, you can always claim to be the first.

[mrklmac]

Hey guys just to let you know i handed him the document. I decided not to sign anything cause firstly i don't think i had enough basis on which to impose an NDA and secondly like many2 said nothing is purely original, maybe what was original is the combination of several factors. I think he was happy with me turning up to him with such a thing and he fixed a meeting regardign the document, in 2 weeks time after a gig we have together. Thanks for your help guys. I appreciate.

[skulpture]

Hope it goes well. Been interesting to read about the various methods. I need to look into this NDA business. I have heard about people steeling ideas before... not good.