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Thread: Intellectual rights

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    Intellectual rights

    If I have an idea for a new tv show for example, how do I protect that idea? Let's say I speak to a producer or whiever I need ro speak to, then he/she uses my idea as his/her idea, how does one avoid that? I'm sure that attorney can help but I'm also sure that they charge an arm and a leg so I'm looking for an inexpensive way if there is one. I've heard people sending themselves snail mail and keeping it as proof,is that a good idea and what has to be written in it?

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    Platinum Member sterne.law@gmail.com's Avatar
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    You could probably achieve some measure of security by getting a non-disclosure signed AND definitely record all correspondence and discussions in writing.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Nickolai Naydenov (11-Jul-12)

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    Non-disclosure signed? Please could you elaborate on that?

    Thank you
    ---There is no traffic at the extra mile---

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    Diamond Member Justloadit's Avatar
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    Also known as an NDA
    Google it, there are many examples
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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    Nickolai Naydenov (11-Jul-12)

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    @Sterne - do you have to sign the agreement before you are given any information regarding the project?

    If so then what happens if you had the exact same idea and wanted to implement it yourself?
    or
    If the idea wasn't new and you know of somebody who is already doing it?


    It would take a hell of a lot for me to sign such an agreement especially if I don't know the exact details of the project.

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    Diamond Member Justloadit's Avatar
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    Quote Originally Posted by adrianh View Post
    @Sterne - do you have to sign the agreement before you are given any information regarding the project?
    Hi Adrian,
    If I may answer here, and be corrected if incorrect.
    Yes you have to sign the agreement before information is divulged, or else what would force you to sign afterwards? There is no legal recourse anymore, and the seed has already been planted.

    If so then what happens if you had the exact same idea and wanted to implement it yourself?
    Well if you have information which is dated, and can be verified by a third party, then you may retract the acceptance of the NDA.

    If the idea wasn't new and you know of somebody who is already doing it?
    As soon as the information is made available to you, it is then in your interest to show that the information passed to you is already in the public domain, and was not passed by you to the public domain after you had signed the NDA.


    It would take a hell of a lot for me to sign such an agreement especially if I don't know the exact details of the project.
    One can not share details of a project with out detail, and the reason for the NDA is to prevent you from passing the information on to another party, even if you are not interested.
    How would you like to handle a situation with another person and your idea, would give you a pretty good idea of the person asking you to sign the NDA.

    I have signed a number of NDAs over the years, and most of them died prematurely, as they were not such good ideas anyway.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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    The problem is that I am an ideas person, I have a 1000 each day and I think very laterally. I just have too many ideas of my own to blindly lock myself in by signing such a document. Every so often somebody comes along and asks me to do some work and to sign an NDA before I start - I do not touch those jobs. The problem is that an idea is not a unique entity that occurs only once in isolation in the universe and as such that person may not be the only person to ever have the idea or a variant thereof. Another thing is that very few ideas are fully developed when one is asked to sign the NDA.

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    Diamond Member Justloadit's Avatar
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    Adrian, having 1000s of ideas and doing nothing about it is just as bad as not having an idea at all. Would it not be better to let someone else run with it and make something to advance the human race?

    You may have the luxury of having 1000s of ideas a day, however other people may have one idea a year, and cherish it with great affection. Refusing to accept someone else may have an idea better than yours is no reason to ignore them either.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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    Nickolai Naydenov (14-Jul-12)

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    10000's of ideas a day and doing nothing about them is as bad as having no ideas at all...come on you can't believe that...

    The ability to think laterally, to think creatively doesn't mean that each and every idea is practical, implementable, cost effective, right for the time etc. I have a number of ideas that would make money and do well when the time is right or when I find the right partner, but the ideas will remain in my head until I feel it appropriate to implement them. If the ideas die with me then nothing is lost because somebody else could have a similar and even better idea. I couldn't care less what anybody else does, if they have an idea and they want to run with it great, I will not sign away any right to any idea unless I know exactly what the idea is.

    People are free to do with their ideas as they choose and of course everybody has great ideas, 100,000000 of them and of course 100,000000 are better than mine. I am not refusing to accept an idea, I refuse to accept the notion that because a person has an idea that I may not have a similar idea.

    You will never ever convince me to sign an NDA unless the entire idea is laid out on the table before me. The protection of my own creative rights far outweight those of anybody who wants to use my services. I choose to turn away work that require me to limit my creativity. I am quite sure that there are service providers who are happy to sign those documents and I am sure that they provide great service, the client should get them to sign the NDA.
    Last edited by adrianh; 13-Jul-12 at 10:10 AM.

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    Diamond Member Justloadit's Avatar
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    A single idea on its own may mean nothing, but a collective base of ideas, including the single idea is what makes a success. The concept of sharing is what its all about.

    The idea that I want to go to the moon, may sound absurd, remember Jules Verne, as was the case years before, but it may have been the seed for the Apollo missions. No single idea made it possible.

    Lets take an example here, what if I have an idea, but can not make it quite work, I come to you, and you add a widget and walla, its comes to fruition. Who does the idea belong too?
    Me or to you?

    With out the collective ideas, it was not possible.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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