Florida Statutes
Fla. Stat. § 501.972 (2025)
Actions based upon use of a creation that is not protected under federal copyright law.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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501.972 Actions based upon use of a creation that is not protected under federal copyright law.—
(1) Except as provided in subsection (2), the use of an idea, procedure, process, system, method of operation, concept, principle, discovery, thought, or other creation that is not a work of authorship protected under federal copyright law does not give rise to a claim or cause of action, in law or in equity, unless the parties to the claim or cause of action have executed a writing sufficient to indicate that a contract has been made between them governing such use.
(2) Subsection (1) does not affect or limit:
(a) Any cause of action based in copyright, trademark, patent, or trade secret; or
(b) Any defense raised in connection with a cause of action described in paragraph (a).
Notes of Decisions
Cited in 2
cases, 2013–2019 · leading case: Kaminski v. BP Expl. & Prod. Inc., 975 F. Supp. 2d 1220 (M.D. Fla. 2013).
Kaminski v. BP Expl. & Prod. Inc., 975 F. Supp. 2d 1220 (M.D. Fla. 2013). “Fla. Stat. § 501.972 (2006). BP argues that this statute bars Plaintiffs claims because the record shows that BP did not sign (or write) any writing indicating the existence of a contract governing the use of Plaintiffs idea submissions.”
Developmental Tech., LLC v. Mitsui Chemicals, Inc. (M.D. Fla. 2019). “Discussion MCI moves to dismiss DTL’s claim for misappropriation of idea (Count III), arguing that the alleged misappropriation of DTL’s “Eco-Ag” irrigation technology is barred by Florida’s statute of frauds, Fla. Stat. § 501.972 . (Dkt. 82, p. 1).2 As will be discussed,…”
— 501.972(1) — 2 cases
Kaminski v. BP Expl. & Prod. Inc., 975 F. Supp. 2d 1220 (M.D. Fla. 2013). “Fla. Stat. § 501.972 (2006). BP argues that this statute bars Plaintiffs claims because the record shows that BP did not sign (or write) any writing indicating the existence of a contract governing the use of Plaintiffs idea submissions.”
Developmental Tech., LLC v. Mitsui Chemicals, Inc. (M.D. Fla. 2019). “Discussion MCI moves to dismiss DTL’s claim for misappropriation of idea (Count III), arguing that the alleged misappropriation of DTL’s “Eco-Ag” irrigation technology is barred by Florida’s statute of frauds, Fla. Stat. § 501.972 . (Dkt. 82, p. 1).2 As will be discussed,…”
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