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Author Topic: Protecting a story?  (Read 741 times)

bakhus

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Protecting a story?
« on: 07-13-11 at 05:07 pm »

Suppose that a person wrote a story and want to publish it, and for that purpose negotiate with publishers or movie producers. How can that person protect the story?

Are copyrights only for exact copy of the text?

Can publishers or producers steal the story idea, give it to some writers, who would create a different text with the same idea, and possibly change the story a bit so it wouldn't be one to one with the original, and be exempt from any royalty demand?
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OMG IP

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Re: Protecting a story?
« Reply #1 on: 07-14-11 at 11:45 am »

There is no simple yes/no answer to your question.

That said, copying is not limited to "exact" copying -- there is a substantial similarity standard (to an ordinary observer), along with an "access" element to whatever it was that was allegedly copied.
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bakhus

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Re: Protecting a story?
« Reply #2 on: 07-15-11 at 02:39 pm »

OK. Thanks. I will read some more about 'substantial similarity standard' , I see there is some information about it at wikipedia. If there is anything else that can be done, please share.

I was wondering if a product by process patent claim could help, where the product is the story, and the process of creating the story that is based on the original story is described.
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chugan

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Re: Protecting a story?
« Reply #3 on: 08-05-11 at 08:15 am »

Suppose that a person wrote a story and want to publish it, and for that purpose negotiate with publishers or movie producers. How can that person protect the story?

Are copyrights only for exact copy of the text?

Can publishers or producers steal the story idea, give it to some writers, who would create a different text with the same idea, and possibly change the story a bit so it wouldn't be one to one with the original, and be exempt from any royalty demand?
Register your copyright before you pitch. Although I have never drafted one (Nashville is not the epicenter of film/TV), I have seen confidentiality agreements between writers who are pitching ideas to producers.  I doubt any producer would do that for a newbie. 

Your idea is not protected, and even the expression of the idea may not be protected if the expression is generic, scenes a faire, or can only be expressed in one manner (merger doctrine).  The elements that are original are protected.  There's no way to prevent infringement; however, there is a remedy.

Chris
http://nashbillies.wordpress.com/
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