Quote:
Originally Posted by dajohnson99
What do you guys think? Am I being crazy or are my concerns valid? In the case that my worst fears are true can the email I sent this person with the ideas be used in a court of law? Thank you!
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Yes, there's actually a name for it: Electronic Discovery.
When you file a Complaint, the Defendant(s) have a limited time to answer the Complaint. That varies by State, anywhere from 14 days to 30 days. If the Defendant(s) reside outside of your State, or do not conduct business in your State, for reasons of jurisdiction and venue, your attorney may file the Complaint in a federal district court. The time limit to file an answer in all federal district courts is 30 days, however federal government agencies have 60 days to answer.
If your case is strong enough, your attorney may elect to file a Motion for Summary Judgment, but if not, then s/he will immediately proceed to Discovery. The Defendant(s) are likely to file a Motion to Dismiss.
Some States, like Ohio, allow you to initiate Discovery
before a Complaint is ever filed. Your attorney will know the Rules of Evidence and Procedure for your State (or federal court).
During the Discovery phase, your attorney will send notices to certain individuals to appear for a deposition, which is likely to be video-taped. They'll also send a series of questions known as Interrogatories. Admissions are part of Discovery, too. The format of Admissions is for Defendant to admit or deny certain statements:
Admit that on this date at this time, you received an e-mail from Complainant with "Subject: Project X" discussing this content.
For document production, the Defendant will submit copies of all files, documents, typed or hand-written notes, memos, communiques, drafts, company policies and procedures, meeting minutes, maps, drawings and diagrams and the like.
For Electronic Discovery, all relevant electronic files from desk-tops, lap-tops, notebooks, Blackberries and other PDAs, smart-phones and cell-phones.
While reviewing that material, if it should happen that your attorney has a copy of an e-mail from you, but can't find that copy of the e-mail delivered by the Defendant, that is sufficient grounds for a judge to issue a "box order."
A "box order" is exactly what it sounds like. The judge orders the Defendant(s) to box up all of their desk-tops, lap-tops, notebooks, Blackberries and other PDAs, smart-phones and cell-phones and ship them to your attorney, or if your attorney has already hired a forensic computer analyst, to their office for analysis.
Your subject matter involves Intellectual Property Rights.
That is a very complex issue of law, and it is complex in part, because it's still evolving. It's still evolving because the States and federal government are still enacting laws, rules and regulations governing the matter, and because courts are still setting precedents in their decisions.
It may be several more years, perhaps even a decade or two, before it becomes settled law.
When you talk to an attorney, and you're going to need one that specializes in Intellectual Property Rights, you might want to raise the issue of Contracts, too.
A Bilateral Contract is a promise for a promise. Did you make an offer and they accept, or did they make an offer and did you accept, and what was the consideration and who has legal capacity.
It doesn't sound like you actually know who you're dealing with. It could be an employee of the production company, or an independent contractor, or a 3rd Party agent. Independent contractors generally don't have the authority to enter into contracts, but it's possible the production company ratified the contract. Ratification does not need to be in writing, because actions alone can be sufficient to show ratification.
You should consider the possibility the person you're dealing with is on vacation. I wouldn't answer my e-mails, either.
But, if they're location scouting for sites to film, or out of the office on other business, they should be responding, so I can see why you're paranoid.
Print out all of the e-mail correspondence and take it with you when you visit an attorney. They should be able to tell you whether or not you have a valid claim, and if a contract exists.
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