Hastings Communications and Entertainment Law Journal


Peter Swarth


The 1989 Los Angeles County Bar Association Entertainment Law Writing Competition First Prize Winner.

Over the years, New York and California courts have moved in opposite directions on the question of protection for the purveyor of ideas. While California courts have expanded the rights of idea sellers to almost equal those found under copyright law, New York courts virtually deny any rights to the "idea man." Recent decisions by the Second and the Ninth Circuit Courts of Appeals demonstrate just how far apart our two great centers of creativity have become.