Q: My friend and I have done some projects together, but do a lot on our own as well. We had breakfast a couple of months ago, and I shared an idea for a television show I was planning to write. Now, however, he has not only pitched that idea to a network, but is also getting paid to prepare a script. Am I able to make claim here?

G.K., Toluca Lake

A: Clearly it will help if you have written proof this was/is your idea, which you shared with the understanding: (a) you were doing so in confidence and (b) that you intended to pursue the idea to make money. If this is purely verbal, it is tougher.

An idea is not protected under copyright law — as opposed to the expression of the idea in (for example) a book or video. Trademark protection would come into play for the title of a show, or a logo associated with it, but not the idea alone. California will give credence, however, to an implied-in-fact agreement. In addition, you may well assert that if the other person is allowed to exploit or misappropriate your idea, he will be unjustly enriched.

So, what kind of evidence do you have to support your position? Are there notes or outlines that you shared? Do emails tell part of what occurred? Voice messages? In addition, is there any person who can support that you were the originator of the idea, that you claimed the right to it, and that you were planning to market the idea? By any chance, has the other party made any admissions about how he came up with the proposed show? The fact you worked together before is of interest, but bottom line, you want to be able to demonstrate that it was clearly your idea and he pilfered it — and you are damaged thereby.

Q: Is plagiarism illegal here?

M.O., Downey

A: While plagiarism is not directly addressed in California’s penal code, there are activities often associated with plagiarism that may be criminally proscribed. Penal Code Section 470, for example, outlaws falsifying or altering documents with the intention to defraud; this could include signing someone’s name to a document without permission or consent. Also, it can be criminal to misappropriate protected content (such as something for which a copyright has been granted). In the academic setting, plagiarism may not result in criminal charges, but the consequences can result in very serious penalties.

Non-disclosure agreement

In the context of seeking to protect your idea, invention, screenplay, business project or marketing plan, a clear, written nondisclosure agreement signed by the other party can be useful. It is a formal way to try to keep confidential what you have shared, and to make clear the other party not only understands the confidentiality, but that you own, claim title to and have control of the information. The NDA provides remedies if violated, which can mean injunctive relief and money damages.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.