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If I told a movie producer about an idea I have for a screenplay, would my idea be protected by copyright law?

No, it would not. An idea, on its own, cannot be protected by copyright. However, the tangible expression of that idea is protected. Consider, for example, that your idea for a movie involves an object from space on a collision course with Earth. You propose that astronauts are sent to blow up the object before it strikes the planet. This entertaining idea is just that — an idea. It is not a creative expression that is unique and tangible. Many people have had an idea about creating just such a movie, and it would be impossible to say who actually thought of it first.

However, a screenplay is not an idea. It is the tangible expression of an idea or concept. It has specific dialogue and direction. An original screenplay is unique — although two people may have the same idea, they will not express it the same way. That is why the idea about a space disaster was presented very differently in the movies, Armageddon and Deep Impact. Both movies were based on the same idea, but the tangible expression of that idea was quite distinct.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

December 1998
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