Hollywood writers and idea men have struggled to gain protection for their entertainment treatments because their works are caught in the realm between unprotected ideas and fully protected expression. In addition to their failure to secure federal copyright protection for their treatments, idea men have also failed to obtain state law protection for their entertainment ideas, leaving them with virtually no legal recourse for idea theft. This comment proposes that Congress should create sui generis protection for ideas in the entertainment industry similar to the protections afforded under the Vessel Hull Design Protection Act.
Lindsey Weisselberg, Sui Generis Genius: How the Design Protection Statute Could be Amended to Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009)