Can a business use my ideas and not pay me?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a business use my ideas and not pay me?

I sent an email with my ideas for a local marketing campaign. They have billboards and posters on the subways (NYC) with funny quotes. I emailed them with ideas of quotes to use. Money was never discussed. Can they use those ideas without paying me? Or can I sue if they do that?

Asked on March 28, 2012 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Did the business sign any non-disclosure or confidentiality agreement under which they agreed to not use your idea without compensation? Or did you send the idea to them under some program they had whereby they stated (e.g on their website) that if you send them an idea, they will not use it without your permission?

If the answer to either of the above questions are "yes," then the terms under which you submitted your ideas are enforceable, and they cannot use them without your permission (which would presumably involve paying you).

On the other hand, if the answers to the above are "no"--there was no agreement or program in place whereby the business agreed to not use submissions without permission--then they can use your idea and don't have to pay you (and you can't sue them). In this case, you freely gave them your idea without any obligation on their part.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption