QUESTION

if i present my idea to disney for licensing. can they take my idea?

Asked on Oct 26th, 2013 on Patents - Tennessee
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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Hi Theresa, 'Idea' is a bit vague. If you approach Disney with the idea that they sell toys featuring characters from their animated movie, I think you'd agree that you don't have any right to stop them. Similarly, they put their characters on a wide enough array of merchandise, that you'd need to be fairly creative to suggest something they haven't thought of or tried. The law reflects this. You do not get an intellectual property right simply for disclosing an idea to someone for commercializing their property. It would be helpful if, before you approach Disney (if you can approach Disney), you protect your idea with a patent application or copyright (if the idea is eligible for either). Another possibility (although Disney wouldn't do it) is executing a contract with Disney that indicated they agreed not to use your idea without fair compensation to you before you disclose it. An alternative is to become a licensee. Check out www.disneyconsumerproducts.com. As a Disney Consumer Products licensee, you could exploit your idea on your own and pay a royalty to Disney. Good luck, Todd
Answered on Oct 28th, 2013 at 3:07 PM

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