## Facts

- Hwesu S. Murray, an NBC employee, alleged that in 1980 he submitted a written proposal for a sitcom titled “Father’s Day” focused on the family life of a Black American family.
- Murray described the proposed program as wholesome entertainment featuring a devoted, compassionate father figure and a format resembling traditional family sitcoms.
- NBC did not produce Murray’s proposal.
- In 1984, NBC premiered *The Cosby Show*, a situation comedy starring Bill Cosby depicting a middle-class Black family, which became highly successful.
- Murray sued NBC and NBC executive Brandon Tartikoff under New York state-law theories, including breach of implied contract, misappropriation, conversion, and unjust enrichment, alleging NBC used his idea without compensation.
- The district court dismissed the complaint at the pleading stage on the ground that Murray’s idea was not protectable because it was not novel; Murray appealed.

## Issues

1. Whether, under New York law, Murray’s submitted television-show idea was sufficiently novel to NBC to constitute protectable property supporting claims for misappropriation, conversion, unjust enrichment, or breach of implied contract.
2. Whether prior public descriptions of a materially similar concept (including Cosby’s earlier public statements) showed that NBC already possessed the core idea, defeating novelty as a matter of law.

## Decision

- The Second Circuit affirmed the dismissal of Murray’s complaint.
- The court held that Murray’s alleged idea was not novel to NBC and therefore was not protectable as property for purposes of his state-law causes of action.
- The court treated Murray’s submission as a broad, conventional sitcom concept that did not add a distinct, original contribution beyond what was already publicly known.

## Legal Principles

- Under New York idea-submission law, an idea may support recovery (including implied-contract and quasi-contract theories) only if it is sufficiently novel to the defendant.
- Novelty is assessed in relation to the defendant’s prior knowledge; an idea already possessed or publicly disclosed is not protectable against the defendant.
- General themes, stock premises, and customary formats (without a distinct original contribution) do not constitute protectable property for misappropriation-type claims.

## Conclusion

Because the core concept of a warm, middle-class Black family sitcom associated with Bill Cosby had been publicly articulated and Murray’s proposal added no protectable novelty to NBC, the Second Circuit affirmed dismissal of all state-law claims based on alleged use of the idea.


Murray v. Nat’l Broad. Co., 844 F.2d 988 (2d Cir. 1988)