Question
My question is how can I approach a network with my broadcasting idea, yet still retain it's property as my own (at least) until I receive compensation (aka: sell the idea)? Initial research online seems to say that I cannot legally protect my idea as it is outside the scope of a copyright and doesn't seem to fall into the patent sphere either. Is it as simple as a "gentleman's correspondence" in which the company promises to pay for the idea if they like it? (that seems a bit risky in today's business climate).
Ultimately, I am unsure if my idea is tangible enough to be patented or copyrighted. It's not necessarily an entirely new way of broadcasting, but it is a marketable spin on entertainment. A similar example to my idea would be developing a specific, new way to film a movie. At the end, it is still a movie, but an industry change in how that movie is ultimately captured with existing technology, experienced, and subsequently enjoyed.
Answers: 1 public & 1 private
Your "idea" can still be protected as a trade secret. However, you'd have to make sure you execute an NDA with a company or individual you share your "idea" with and actually "mark" whatever you communicate as "Confidential" or "Proprietary." The NDA will have at least some protections against the other party misusing your confidential information. You also need to ensure that your NDA form contains a protection for "tangible embodiments" ensuring that the other party can't create an "embodiment" (e.g., a product) containing or using your confidential information.
Even with an NDA, however, I wouldn't share all of the specifics of how your idea would work, or all the details and the real "meat" of your invention without at least some indication the company is ready to proceed to a deal. Also, consider watching HBO's "Silicon Valley", a few of these issues are addressed pretty accurately in that show :) Good luck!
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