Ideas Protected pursuant to Implied-in-Fact Contract

In Grosso v. Miramax Film Corp. (9th Cir 2004) [pdf], the 9th Circuit held that plaintiff's claim for breach of an implied-in-fact contract was not preempted by the Copyright Act since it alleged an extra element, the bargained for exchange (compensation). Here, plaintiff sought protection for his idea for the film Rounders, which he claimed was based on his script The Shell Game.

Background on the Protection of Ideas under State Contract Law can be found here.