Based on a review of law from other states, plaintiff may be able to establish ownership by showing that the Program was novel, the Program was reduced to a concrete form, and plaintiff took steps to keep the details about the Program confidential. Burgess v. Coca-Cola Co., 536 S.E.2d 764 (Ga.App. 2000); Fenton McHugh Prod., Inc. v. WGN Continental Prod. Co., 434 N.E.2d 537, 541 (Ill.App. 1982). However, the Oklahoma Supreme Court has not recognized a claim for conversion of intellectual property, and some courts have been hesitant to recognize such claims.
See, e.g., International News Serv. v. Associated Press, 248 U.S. 215, 39 S.Ct. 68, 63 L.Ed. 211 (1918) (implicitly recognizing such a commonlaw claim of misappropriation of intellectual property, but limiting it to cases where intellectual property, lawfully obtained, is used in direct competition with the person who created it);Wright v. Tidmore, 208 Ga. App. 150, 430 S.E.2d 72, 73 (1993) (finding no authority in that jurisdiction for a common-law claim of misappropriation of intellectual property or common-law copyright, although there was authority "recogniz[ing] that an author or inventor has a property right in the product of his mental labors . . .," but finding summary judgment on the claim property granted whether the claim was recognized or not, because the plaintiff had not shown a "misappropriation"); Fenton McHugh Prods., Inc. v. WGN Continental Prods. Co., 105 Ill. App.3d 481, 61 Ill.Dec. 384, 434 N.E.2d 537 (1982) (considering a claim of misappropriation of a common-law copyright); Gilroy v. American Broad. Co., Inc., 47 A.D.2d 728, 365 N.Y.S.2d 193 (1975) (considering a common-law claim for misappropriation of a literary character).
However, these damages are not recoverable under the common law. It is well settled that in order for a property right in an idea to be protected, it must be shown to be novel and original. Fenton McHugh Productions. Inc. v. S.G.N. Continental Productions Co., 105 Ill. App.3d 481, 485, 434 N.E.2d 537, 541 (1982). Matters of public or general knowledge in an industry or the community cannot be appropriated since they are not novel.