Ideas are the fuel of industry and the entertainment business. Likewise,
manufacturers receive suggestions for new products or improvements to
existing products, and retailers frequently receive ideas for new
marketing campaigns. Many ideas are not new and may be used by anyone
without the risk of incurring any legal liability, but some ideas are
novel and valuable. If the originator of a potentially useful idea does
not have the financial resources to exploit the idea, he or she may
submit it to another, with the expectation of receiving compensation if
the idea is used. Although an extensive body of intellectual property
law exists to protect the rights of inventors, authors, and businesses
that own valuable brands or confidential proprietary information, raw
ideas receive no protection. Nevertheless, the originator of a
potentially useful and marketable idea is not without legal recourse.
The courts have developed, through a long line of common law precedents,
legal protection for novel and concrete ideas under certain
circumstances. The originator of an idea can rely on contract law,
whereby the recipient may expressly or impliedly agree to pay for the
idea. Alternatively, if the idea is disclosed in confidence, its
unauthorized use by the recipient allows the originator of the idea to
recover compensation. Finally, some courts have treated the ownership of
ideas as quasi-property rights.
