Someone Stole My Idea for a Show, Product, or Business. Can I Sue in California?

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

Often yes, though usually not for copyright infringement. Copyright does not protect ideas. (17 U.S.C. § 102(b).) California fills part of that gap with an implied contract claim. If you pitched an idea on the clear condition of payment for its use, and the recipient accepted it knowing that condition and then used it, a court can enforce the bargain. (Desny v. Wilder (1956) 46 Cal.2d 715, 738-739.) The deadline is usually two years. Kolmogorov Law, P.C. handles idea theft disputes in Los Angeles, Orange County, and across California.

Call (909) 235-6116 or contact us online to discuss a pitch that was used without you, or a claim that your company took someone's idea.

Why a copyright claim usually fails

People who say "they stole my idea" are usually right about the facts and wrong about the law. Copyright protects the way an idea is expressed: the script, the pitch deck, the code, the drawings. It does not extend to any idea, concept, or principle, however it is described. (17 U.S.C. § 102(b).)

So a studio that reads your treatment and makes a show on the same premise, with different characters and dialogue, has probably not infringed anything. Our page on the elements of copyright infringement explains where the line between idea and expression falls.

The California Supreme Court said it bluntly decades ago. An idea is usually not regarded as property. (Desny, supra, 46 Cal.2d at pp. 731-732.)

The implied contract claim California recognizes

Ideas can be the subject of a contract even though nobody can own them. (Id. at p. 733.) Disclosing a valuable idea is a service, and a person can agree to pay for that service.

The agreement does not have to be written or even spoken. An implied contract is one whose existence and terms are shown by conduct. (Civ. Code, § 1621.) In the idea setting, courts look for two things. The person offering the idea must have clearly conditioned the disclosure on payment if the idea is used. And the recipient must have known of that condition before hearing the idea and voluntarily accepted the disclosure anyway. (Desny, supra, 46 Cal.2d at pp. 738-739.) The recipient must then use it.

Timing is the trap. The same opinion warns that a person who blurts out an idea without first making a bargain has only himself to blame. (Id. at p. 739.) A demand for payment made after an unconditioned disclosure creates no contract.

Entertainment custom can help writers. As the Ninth Circuit has described the industry, writers often pitch concepts to producers on the understanding that they will be paid if the material is used. (Montz v. Pilgrim Films & Television, Inc. (9th Cir. 2011) 649 F.3d 975, 978-979.) Outside entertainment the inference is usually harder to draw. An unsolicited email to a company's general inbox rarely qualifies. Our page on implied contracts covers the doctrine in ordinary commercial dealings.

How idea theft disputes come up

A writer meets twice with a production company about an unscripted series built on a specific format. The company passes. Later it releases a series with the same format and a different host.

An inventor shows a consumer product concept to a brand's development team at the brand's invitation. Nothing is signed. The brand launches a similar product the next season.

A consultant presents a campaign concept during a pitch the prospect requested. The prospect hires another agency, which runs the campaign.

The questions are the same in each. Was payment for use a condition the recipient understood before the disclosure? Did the recipient use the idea, or arrive at something similar on its own? Courts generally require substantial similarity between the idea and the final product, though the similar elements need not be ones that copyright would protect.

Breach of confidence, NDAs, and federal preemption

A second claim, breach of confidence, protects a relationship of trust in which an idea was shared in confidence. A signed nondisclosure agreement is better than either implied theory, because it replaces inference with text. If the idea was kept secret and has commercial value, trade secret law may apply as well.

Defendants often argue that federal copyright law wipes out these state claims. The Copyright Act does displace state-law rights that are equivalent to copyright. (17 U.S.C. § 301(a).) But the Ninth Circuit, sitting en banc, held that an implied contract claim resting on a mutual expectation of payment is not preempted. (Montz, supra, 649 F.3d at p. 977.) The agreement to pay is an extra element that copyright lacks. The breach of confidence claim survived for a similar reason. (Id. at p. 981.)

The two-year deadline

An implied contract is not founded on a written instrument, so the limitations period is two years. (Code Civ. Proc., § 339, subd. 1.) Courts generally start the clock when the idea is exploited, which for a film or series usually means its public release, though the accrual date depends on the facts.

Waiting to see whether the show succeeds is a common and costly mistake.

Entertainment cases of this kind are usually filed in Los Angeles, in the Superior Court at the Stanley Mosk Courthouse or in the Central District of California. We handle them through our Los Angeles commercial litigation practice.

If your company is accused of taking an idea

The defense starts with the meeting itself. Who asked for it? What was said about payment before the idea was shared? Was a submission release signed? A release that disclaims any obligation to pay can be strong evidence against an implied promise.

Independent creation is the next line. The claim requires actual use of the disclosed idea, so development files that predate the pitch matter a great deal. We also compare the pitch with the finished product for real similarity, and we check the two-year bar early.

A company that receives pitches regularly should have a written submission policy and follow it.

What to bring to the first meeting

The pitch materials exactly as presented, with dates.
Emails, calendar entries, and texts that set up and followed the meeting.
Any NDA, submission release, or agent correspondence.
The names of everyone who attended.
The show, product, or campaign you believe used the idea, and when it first appeared.

Frequently asked questions

Can I sue someone for stealing my business idea in California?

Sometimes. California does not treat an idea as property, and copyright does not protect it. You may have an implied contract claim if you disclosed the idea on the clear condition of payment for its use and the recipient accepted the disclosure knowing that condition. (Desny v. Wilder (1956) 46 Cal.2d 715, 738-739.) A nondisclosure agreement or trade secret claim may also apply.

I pitched a show concept to a production company with no written agreement, and they made it without me. Do I have a claim?

Possibly. California recognizes an implied-in-fact contract when a writer pitches a concept with a mutual understanding that the writer will be paid if it is used. You would need to show that the understanding existed before the pitch, that the company used your concept, and that the show is substantially similar to it. The claim usually must be filed within two years.

What is a Desny claim?

A Desny claim is a California claim for breach of an implied contract to pay for a disclosed idea. It is named for Desny v. Wilder, a 1956 California Supreme Court decision. The disclosure must have been conditioned on payment for use, the recipient must have known that before hearing the idea and accepted it, and the recipient must have used the idea.

How long do I have to sue for idea theft in California?

Usually two years, because the claim rests on a contract not founded on a written instrument. (Code Civ. Proc., § 339, subd. 1.) California courts generally measure the period from the exploitation of the idea, such as the public release of the show or product. A written agreement may carry a longer period, so have the documents reviewed promptly.

I told a potential investor about my product idea over coffee and never mentioned payment. Is it too late to protect it?

For that conversation, an implied contract claim is difficult under California law, because a demand made after an unconditioned disclosure does not create a promise to pay. Use a nondisclosure agreement before sharing more, treat secret technical or business information as a trade secret, and confirm later meetings in writing.

Talk to a California intellectual property litigation attorney

If an idea you pitched is on the market without you, or your company has received an idea theft claim, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents clients in Los Angeles, Orange County, and throughout California.

This page provides general information about California and federal law and is not legal advice. Outcomes depend on what was said before the pitch, the facts, and the court.