Welcome to the Forum for InventorSpot.com, the most popular invention related website in the world. Read our welcome message.
Legal Aspects for AI
by Aim4dreams » Sat Mar 31, 2007 2:56 pm
- Aim4dreams
- White Belt
- Posts: 6
- Joined: Sat Mar 31, 2007 11:54 am
- Location: Cleveland
Has anyone had an attorney look over all the paper work we need to fill out? Is there any concerns of protecting our rights to the inventions even if we have Patents on them? Any info would be appreciated.
by Michelle » Sat Mar 31, 2007 3:27 pm
-
Michelle - Black Belt
- Posts: 1529
- Joined: Wed Oct 11, 2006 7:27 am
HI Aim4:
Welcome to the site. Which auditions are you planning to go to?
If you look at the various auditions discussions, there are quite a number of threads discussing the various aspects of the contracts.
Please take a look at those, and if you have any particular concerns after reviewing the discussions, please feel freeo to raise them here.
And welcome again.
Michelle
Welcome to the site. Which auditions are you planning to go to?
If you look at the various auditions discussions, there are quite a number of threads discussing the various aspects of the contracts.
Please take a look at those, and if you have any particular concerns after reviewing the discussions, please feel freeo to raise them here.
And welcome again.
Michelle
by Aim4dreams » Sat Mar 31, 2007 4:43 pm
- Aim4dreams
- White Belt
- Posts: 6
- Joined: Sat Mar 31, 2007 11:54 am
- Location: Cleveland
Michelle, thanks for responding. My concerns are for the most part in the Consent & Release Form they require us to sign, particularily number 34. It sound like The Walt Disney Company and their respective subsidiaries could end up producing my product and I am agreeing that I would not seek any legal remedies against them even if the product they produce is identical to mine???? There are a few more points in the Consent & Release Form that have me concerned and I just thought maybe someone has had an attorney look it over. I am presently waiting on my attorney to do so. I've been on this site for many hours today and do not see anything about the legal aspects from someone who has had an attorney look it over. Opinions do not matter unless they are from one who knows law. By the way, I'm registered to attend in Orlando, but who knows when that is at this point which is just one more issue to deal with.
by Contextion » Sat Mar 31, 2007 5:04 pm
-
Contextion - Blue Belt
- Posts: 270
- Joined: Wed Dec 06, 2006 6:03 pm
- Location: San Rafael CA
Last year they released everyone from their contracts after about 3 months - I heard!
Direct from Consent and Realease Form
by Aim4dreams » Sun Apr 01, 2007 7:13 am
- Aim4dreams
- White Belt
- Posts: 6
- Joined: Sat Mar 31, 2007 11:54 am
- Location: Cleveland
Michelle wrote:Could someone post for me the section that he is referring to?
This is what I'm referring to in the Consent and Release Form. Number 34 reads as follows
I acknowledge, agree and understand, that, separate and apart from the Program, Producer, Peter Jones TV Ltd., Network, The Walt Disney Company and their respective subsidiaries and affiliates are currently in the process of designing new products, developing new business plans and methods for conducting business, etc., and I agree that I will not at any time seek any legal remedies against any of the aforementioned entities for their independent development, acquisition, manufacture, use, sale, offer for sale, importation or distribution of any product, service or method that is or is alleged to be similar or identical to that of the invention.
by Michelle » Sun Apr 01, 2007 8:16 am
-
Michelle - Black Belt
- Posts: 1529
- Joined: Wed Oct 11, 2006 7:27 am
This language like any other contract has to be viewed by the exact facts of the writer and the signer. Your lawyer is the best guide as they can look fully at the total circumstances.
With this language, you do run the risk that you cannot sue them if they create a product substantially similar or identical to yours. It is not drafted as tightly as an inventor would like...but a really good lawyer may be able to find the holes in their language as well.
Basically, the point of the language is that they don't want to walk in to a lawsuit just by looking at your product when they may already have something like yours or similar to yours in the works. For all you know, 10 other people may have told them the idea before you came along.
The way you get comfortable and live with the language, if you choose to run the risk, is that they are not in the business of copying other peoples ideas or products. They are in the business of finding inventors to do their tv programs around and using the auditions as a means to steal peoples ideas is a waste of their time and is inconsistent with building a reputation with inventors.
Basically, its a "trust us" provision.
In this or any other type of tv show, the terms are set by the producers adn you decide whether you can live with the risks or not. It depends on your situation. If its merely a idea with a little work behind it, it may be worth the risks. However, if you have spent years and much money, you may not be able to afford the risk.
If you use the American Idol analogy, if you are Carrie Underwood and could have easily been successful without American Idol, you go it alone. If you are Taylor Hicks and would not likely have gotten record exec attention without the show, you go sign up for American Idol.
This is just my opinion and this is not legal advice or the opinions of a lawyer.
With this language, you do run the risk that you cannot sue them if they create a product substantially similar or identical to yours. It is not drafted as tightly as an inventor would like...but a really good lawyer may be able to find the holes in their language as well.
Basically, the point of the language is that they don't want to walk in to a lawsuit just by looking at your product when they may already have something like yours or similar to yours in the works. For all you know, 10 other people may have told them the idea before you came along.
The way you get comfortable and live with the language, if you choose to run the risk, is that they are not in the business of copying other peoples ideas or products. They are in the business of finding inventors to do their tv programs around and using the auditions as a means to steal peoples ideas is a waste of their time and is inconsistent with building a reputation with inventors.
Basically, its a "trust us" provision.
In this or any other type of tv show, the terms are set by the producers adn you decide whether you can live with the risks or not. It depends on your situation. If its merely a idea with a little work behind it, it may be worth the risks. However, if you have spent years and much money, you may not be able to afford the risk.
If you use the American Idol analogy, if you are Carrie Underwood and could have easily been successful without American Idol, you go it alone. If you are Taylor Hicks and would not likely have gotten record exec attention without the show, you go sign up for American Idol.
This is just my opinion and this is not legal advice or the opinions of a lawyer.
by Road Show » Sun Apr 01, 2007 8:50 am
-
Road Show - Brown Belt
- Posts: 962
- Joined: Mon Nov 20, 2006 5:39 pm
- Location: SoCal
I agree that I will not at any time seek any legal remedies against any of the aforementioned entities for their independent development, acquisition, manufacture, use, sale, offer for sale, importation or distribution of any product, service or method that is or is alleged to be similar or identical to that of the invention.
This is the meat of the clause. The key word is highlighted. If they are developing a product or business method similar or identical to something being brought to the show, they don't want to be sued. They still have to provide proper documentation to support a claim of having developed this independently. Also, there are ways to settle an infringement allegation other than suing. Disney, when presented with evidence that the AI contestant holds a patent, or has documentation predating Disney's, could elect to license the product from Freemantle.
Could this clause allow Disney to steal an invention? Maybe, but WHY would they? They would kill the show if they did that. I am not a lawyer, but business is business, and they would embarrass themselves publicly by doing so. I think Michelle is right when she said that there is an element of TRUST that one must accept in order to participate. Disney has more to lose in the transaction than any of the contestants. Especially in this litigious society.
by Aim4dreams » Sun Apr 01, 2007 9:56 am
- Aim4dreams
- White Belt
- Posts: 6
- Joined: Sat Mar 31, 2007 11:54 am
- Location: Cleveland
Michelle and Road Show,
Thanks for your input on this. I'm sure you are both correct. It does make me feel better though.
Thanks for your input on this. I'm sure you are both correct. It does make me feel better though.
Consent and Release a problem
by RSpace » Mon Apr 02, 2007 9:42 pm
- RSpace
- White Belt
- Posts: 7
- Joined: Mon Apr 02, 2007 8:58 pm
- Location: Edwards, Colorado
I have personally written and had issued two US patents. I have built demanding prototypes. I have been in court, done a lot of legal work and paid significant legal fees. I have paid one attorney to read the “Consent and Releaseâ€