How can I 'protect' an idea ?

Hi Harvey

It's a very interesting and thought-provoking post. I am sure you are aware you can't copyright an idea. I have had a few of mine 'pinched' over the years. I once had an idea to incorporate lighting within Christmas trees. I sent it to a company who were supposedly looking for inventors - just to test the water. I actually considered it to be one of my weaker ideas.

Anyway, the following year, the market was swamped with Christmas trees made from fibre-optics. It could have been just coincidence of course after all Leibnitz and Newton both invented calculus; and both Wallace and Darwin conceived of Natural Selection.

Do you remember ... 'a Mars a day helps you work, rest and play' ? I was on a writing course once when one of the delegates said he'd written the words and was never paid a penny by the company. Of course, I have no idea whether that was true or not, but I have no reason to doubt the claim.

Anyway, to your question. Here's what I would do ....

1. Document the idea in full.
2. Send the document to yourself Recorded Delivery
3. Approach the company - in writing - explaining you have a great idea that you are willing to share with them on the understanding that if they use it, they would pay you a sum that you negotiate.
4. Get their agreement to your proposal in writing.
5. Show them the idea.
6. Get paid.

If they don't pay, write again letting them know that you have the following ....

1. Documented proof (with datestamp {Recorded Delivery})that you are the originator of the idea.
2. Written confirmation of their acceptance of the terms

The Recorded Delivery package should only ever be opened in a court of law should it go that far. The object is to not go that far, of course, but to let hem know that you have solid evidence should the matter need to be progressed further.

One last tip: I learned from an expert source that an envelope with a strip of cellotape across the seal is almost impossible to open and reseal, so use that method of sealing the envelope. That way you have virtually 100% proof that you are the originator.

Good luck with it!

Will

my dad invented the solphadine slogon

"hits pain where it hurts"

However he got paid a bit I think ==== didnt get head aches for years!!

Danny

I would advise that you see a business adviser.

However, if pushed for time i would write a letter and send it recorded delivery to yourselk and not open it. Include details of your product, marketing plans (who
you will approach - manufacturers, etc).

The letter proves you are the owner of the idea because it is date marked and it could be used in a court of law.

I hope this proves useful.

Horatio

Since your idea is for what is basically a novelty song
knocking-off an old popular song, I recommend developing
your song and recording it.

Then copyright your music.

Then approach the company with your song.

Ownership of an idea is more ephemeral than proof that
you actually developed the idea, showed it to a company,
and they blatantly stole it from you.

There was a film that came out last year about the
long lawsuit by the guy who invented the variable-speed
windshield wiper. It took about 30 years but I think he
finally got a 20 million dollar settlement with GM and
a public admission that they stole the concept after
rejecting it when he, an inventor, brought it to them.

With an invention you make a model that works, and
if that's not feasible you file patents for the design.

With a song, you've got to publish. Easier to record it
than publish it as sheet music probably, but in the
law probably either form is acceptable.

I'm not a lawyer or anything. I've just observed a bit
about how lawsuits over musical idea go.

Harvey,

The gatekeeper in this situation will be the Ad Agency that handles the account for the MFR. Call the MFR and find out who that is. They may have an internal markting department, but their media buys will be handled by an outside agency.

You already have the song in mind, it's in the public domain, what makes it a valuable idea, at least where you're concerned, is the jingle. Just suggesting they use the tune is not generally worth much compensation. If you can come up with catchy lyrics, you can put it together in a video and then pitch it.

Be prepared to encounter complete rejection. If your idea is good you will need to get it past the bruised egos who didn't think of it. Those people get paid good money to come up with ideas, and the NIH (not invented here) syndrome is more powerful than you would imagine.

It's best to keep in mind that you have nothing to lose by trying to sell the idea. If it works out, great. If it doesn't, no sweat, move on. Fortunatley for you I'm sure you must know one or two very successful copywriters who work at that level of marketing (I'm making an assumption here). Ask for their guidence, surely they know how hard the push will be.

Make the journey a fun one.

KJ