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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Jim has written a “Fantasy” genre work as part of his final

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Jim has written a “Fantasy” genre work as part of his final year postgraduate degree. His academic mentor has suggested trying to sell the idea to a national or online broadcaster. He approaches a broadcaster who listens intently to it. A month later he receives an email from the broadcaster turning down the idea of turning his work into a television drama. Due to this rejection Jim decides to pursue his academic studies fully. Six months later as he is watching a “Fantasy” website on his laptop he sees an upcoming drama from the broadcaster who turned him down where his “Fantasy” work is being used. A. Assess whether the Broadcaster has breached a duty of confidence by broadcasting Jim’s work. Your answer should examine the elements of an actionable breach of confidence, supported by case law, as well as the remedies that apply.

Why is it taking so long? I have been waiting for over an hour??

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
I have just seen your question as I have just come online.
A remedy for Breach of confidence will only be there if Jim disclosed his idea or work in confidence to the broadcaster either under the terms of an express or implied non disclosure or confidentiality agreement.
As per Justice Megarry In the case of Coco V AN Clark (Engineers) Limited, an obligation to maintain confidence arises where there is confidential information and an action for breach of confidence will arise if the obligation is breached in such an event.
So, unless Jim informed the broadcaster that the idea or work was confidential before disclosing it, or unless there was an agreement with the broadcaster to keep the idea or work confidential, Jim will not have a cause of action against the broadcaster for breach of confidence.
Jim may have an action for breach of copyright against the broadcaster if the broadcaster was copying Jim's work without permission from Jim. However, ideas are not subject to copyright and if the broadcaster simply copied Jim's idea as opposed to Jim's physical work, then Jim would not be successful in a breach of copyright claim.
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