Expert: Patrick J. Murray - 10/23/2011

Question
Hi Mr. Murray,

First off let me thank you for making yourself available to support folks like myself. Your expertise is highly appreciated.

I work at a video production company specializing in corporate video. As a side project, I'm working with several of my coworkers to develop and produce programming which we will use as the content for an upstart TV network. This network will appeal to a large audience, with several different ways to generate revenue. It is a completely unique idea, as there isn't currently a channel doing what we will be doing on any major satellite or cable provider. Our goal is to get picked up/co-opted by DirecTV as an exclusive channel to that provider.

At what point in the process can I begin to take legal measures to protect the idea? The brand and show content are all fairly simple to protect, but what's to keep someone from taking the themes of these shows, calling them something different, and becoming a competitor?  Any input is much appreciated.

Best,

Wes

Answer
Hey Wes.

Thanks for stopping by - looks like your group is on its way to really getting your own channel up and running!

You have really answered your own question here. As soon as you feel that your idea could be in jeopardy of being stolen, you need some protection. I am not a legal expert by any stretch, but I would suggest you need to contact an attorney and maybe even check into a broadcast attorney group. I am not sure what is available in your area as it pertains to this type of protection, but I would start asking around.

Here is a thought I had though....if it was me, I would not want to spend a lot on legal costs to start. So I would contact a local lawyer and discuss the idea of just protecting the idea, the thoughts, the property that you consider ingredients to the show so that no one could copy them quickly. You might be able to just copyright the names and vital portions of the show for a minimal amount of cash layout. Then you could sleep easily at night.....

But I would also suggest as you maneuver through big time big deal contracts with a Direct TV or anyone else, you will need some business lawyers who have done this before to see you through the ocean of paperwork and negotiations that you will need to complete with these major carriers. That could end up on the expensive side just knowing how major TV groups have to retain some very serious legal assistance for their discussions with government and other carriers.

I wish you well on your project and hope to be seeing a very interesting new cable channel soon!!!

Patrick Murray