Entertainment Law #4?

I have created this hypothetical situation, in which there may be more than one answer. What do you think the answer is?


A producer meets with an executive at Dynamic Studios and pitches an idea for a movie starring Monica Marvel. Before Dynamic makes any decision on whether to pursue the producer's idea, the same idea was pitched to another studio by Monica Marvel herself. Marvel never met or talked with the producer, nor did anyone from Dynamic Studios tell Marvel about the producer's idea. Instead, Marvel conceived the idea entirely on her own, independent from any direct or indirect input concerning the producer's pitch. Dynamic has decided that it would like to produce a movie of the idea, starring Monica Marvel.

If Dynamic does go ahead with the project, what legal obligations, if any, does Dynamic have to the producer who had the same idea and came to them with it first? Why?

I think I was a little ambiguous on this one, so, sorry if it came out wrong. Here is what I think the answer to this case would be:

If Dynamic Studios did decide to produce the movie, they would have legal obligations to either produce Paul Producer鈥檚 movie idea and pay him as the creator, or pay him for his idea and then go with Monica Marvel鈥檚 pitch. Courts in previous cases have said that even though ideas are legally free under copyright law, they can still serve as consideration for a contract. Since Paul Producer had disclosed his idea to them before Monica Marvel had, his idea was under consideration for a contract prior to hers. And being that the ideas for the movies were nearly identical, Dynamic Studios would be required to go with Paul Producer鈥檚 pitch to avoid being hit with a lawsuit if they did end up going with Monica Marvel鈥檚 pitch and never paying Paul Producer anything.

That's a sticky question and it happens all the time. In the case of a real producer, they negociate a title, give him a fat fee and a free office on the lot for two years or so.

This is common and it works out well for all involved.

The Producer gets their "normal and usual credit" a money fee negociated by their agent and a Studio address and office to use to develop new projects.

Worth it's weight in gold!

This, then, should explain credits to you.

Case in point. Paramount realized that they had a potential Franchise in Star Trek, but didn't want to deal with Roddenberry so they paid him a fee and put a father and son team in charge of the project. Half way through Paramount got cold feet, and brought Roddenberry in who re-worked the whole thing his way, but the Father and Son team got screen credit for the first year and paid their nominal salaries.

They also got offices and got to produce their own idea for the studio which got on TV.