Idea Theft

Under California law, an implied in fact contract claim based upon the use of ideas is commonly known as an “idea theft” claim.  In order to recover for idea theft, the person submitting the ideas must establish that it was submitted under business circumstances, and not just “blurted out” where the defendant voluntarily accepted this disclosure under circumstances where there was an implied obligation to pay if the ideas are used.  It is key that the defendant have had the opportunity to reject the offer prior to the execution of the idea.  Thus, solicited submissions always meet the two requirements for idea theft.  In contrast, for example, if a screenwriter emails his or her script to a production studio unsolicited, the creator may find him or herself with no legal recourse. 

The Firm is recognized as one of the premier idea theft firms in California. (Death of Copyright: The Sequel, Steven T. Lowe (2012)).  A recent decision in the firm’s favor can be found here.