Hank sent an unsolicited manuscript for a new sitcom to ABC. Hank heard nothing from ABC, but the next year he discovered that ABC's new sitcom bears an uncanny resemblance to the sitcom in the manuscript he sent to ABC. Discuss whether Hank has any rights against ABC and what theories courts rely on in such cases.?

Question

What will be an ideal response?

Answer 1

Court take a variety of different approaches in such cases. In many cases courts allow the recipient (here, ABC) to develop and market the idea, based on the concept that a person who discloses an idea without first seeking protection has only himself or herself to blame if the idea is taken. Other courts find an implied contract exists, and hold that the recipient has impliedly agreed that he or she will compensate the submitter if the idea is used. Still other courts rely on a theory of unjust enrichment, holding that the recipient would be unjustly enriched if he or she could take the idea, develop it, market it, and make a profit from it, all without compensating the submitter. In those cases, courts award some reasonable compensation or royalty to the submitter. Finally, some courts consider industry practice and custom, and if submitters are routinely compensated in the industry, even for unsolicited submissions, courts may find an implied contract to compensate the submitter.?