It was my idea! How Hollywood avoids story-stealing allegations

A group of misfits, each with their own unique abilities, band together against the high stakes. Depending on your preferences and streaming subscriptions, the movie that comes to mind might be the 1955 classic. riffThis Year’s DreamWorks Animated Comedy bad Boys Or dozens of other heist movies like sting, reserve dogs, ocean eleven, do you see me now s child driver that was released between

Tropes are not specific to the assault genre, and by definition are not uncommon. However, these similarities are often enough to trigger a plagiarism claim, and in the age of maximum content, there are more opportunities than ever before for such claims to be made. Ideas are usually not protected in the absence of an agreement, so cases often show up as claims of copyright infringement (“I sent my screenplay to an agent and another writer copied my private expression of an idea”) or copyright infringement. contract (“I had a presentation meeting and the producer used my idea but didn’t pay me”).

“From a contractual point of view, the question is whether a settlement has been reached,” says Stephen Doniger of Doniger Burroughs, a litigator who frequently represents plaintiffs in intellectual property cases. “People always advertise things in the hope that someone thinks they’re brilliant and wants to work with them. It doesn’t create an automatic payment arrangement if they use this idea. ”

Entertainment attorney Brian Sullivan of Early Sullivan reiterates that someone must have an idea to buy. “I think that’s the number one misunderstood aspect of this statement,” he says. “If you reached out to them to get feedback like ‘Hey, what do you think of this idea?’

Copyright claims are not easy because plaintiffs must prove that the designs are substantially similar and that the defendant had access to their work. With the ubiquity of social media, access looks different than a decade ago. Instead of going to an agency or production company, aspiring writers can send an idea via direct message or email.

Writer and television producer (and former THR Editor) Marcos Bernardini (Star Trek: Picard, stone castle) He says politely hang up Any follower who asks to hear you speak. “No one is trying to be an idiot,” he says. “Everyone is trying to protect themselves from litigation and protect candidates from disappointment.” Exploiting someone’s DMs with scripted PDFs doesn’t do anyone any good.”

People’s goodwill is what drives many plagiarism disputes, says Kinsella Weitzman litigator Greg Korn, who regularly represents clients who defend these claims. “Someone meets an agent and asks, ‘Can you see this script from a friend of mine?'” Then that person sees something that vaguely looks like this and fantasizes that there must be some Machiavellian scheme to use. your idea without them,” says Korn. It seems the greatest injustice. It becomes a matter of principle and pride, even when it seems [a lawsuit] It will go wrong, and it often does.”

JSSK’s talented attorney Matt Johnson, who works with some of the most prolific developers in the industry, handles two active claims. “One was blindly introducing my client to a friend, and the other was referring the agency that represents the person,” he says. “Most of these complaints come from someone who is not connected and is trying to establish a connection. If it’s not from a reliable source, tip number one is not to open it. You can prove that something hasn’t been digitally opened. If something is received in the mail, the same philosophy applies. Return closed and specify”.

Lawyers consulted THR It is suggested that industry representatives follow a similar protocol. “I get five to 10 filings a day,” observes talented attorney Linda Lichter of Lichter Grossman. “They don’t send me the script. You say, “I have good news for client so-and-so,” describe it and ask me to pass it on to you. I used to reply to everyone and say “we don’t accept submissions”, but now it’s being spammed. Also. Of course, I’m worried that if they sent me and my client did something like that, they’d say, “I gave it to the lawyer, so the client has access.”

The latest case of idea theft to make headlines comes from a self-proclaimed aspiring writer and actor who claims an Emmy nomination from ABC. Abbott Elementary there is a retreat this school yearIt’s a mockumentary-style comedy set in an inner-city high school. In the July 12 lawsuit, Christine Davis says she pitched the show to two executives at Blue Park Productions, an incubator for black female creators, who she believes brought her idea to Hulu. There are no details in the complaint other than a reference to connections to the transmitter, but Blue Park has no connection. Abbott Elementary.

Entertainment litigator Matt Klein tells his friends and clients in the industry to consider suing as a sign that he will succeed. “Take it avatar“, he says. James Cameron worked on this movie for 10 to 15 years. He had thousands of conversations about it. Everyone had a little hook saying they were a part of it, but the reality is he’s a great creator. great movie. And unfortunately, many false claims have been made.”

When it comes to showing substantial similarities, there is a long-standing feud between them. complete recollection Writer Gary L. Goldman and Disney or Not zootopia broke his treatment for the project of the same name, produced one of the most memorable discussions. The studio argued that if two animated characters of different species, cute and furry carnivorous creatures, were similar enough in appearance, they would infringe on the anthropomorphic animal market.

In part, Disney’s argument for rejecting the May 2017 motion reads: “Judy is a rabbit; Mimi is a squirrel. Judy is shown in a police uniform; Mimi doesn’t wear any clothes. Judy is a complex, colorful, three-dimensional, computer-animated character; Mime is a two-dimensional hand drawing. (Disney won the federal copyright case. The ensuing state lawsuit has been appealed since the studio won a motion for summary judgment.)

This might seem like a hair split, but there’s a high level to demonstrating substantial similarities between the works, and for good reason. “Copyright law wants more people to create more art,” says Doniger. “Someone writes a story about the plight of an inner-city teacher and suddenly it becomes a genre. We want people to take a good idea and make different versions of it, adding to the tapestry of our creative expression.”

Klein reiterates that there is a big difference between an idea and the expression of an idea. “We need First Amendment freedom and freedom of speech to tell hundreds of different stories in every genre,” he says. “If you really believe in the creative process, you don’t want to have a dominated legal framework that allows you to litigate on the basis of general ideas.”

In the era of peak television (according to FX’s annual count, there were 559 scripted shows on linear and broadcast networks in 2021, more than double the number that aired a decade ago), it’s easy to imagine that such claims become even more frequent. . But experts were consulted THR They’re not so sure. In fact, endless scrolling of content can mean fewer lawsuits. “I haven’t seen any material growth and it’s almost counterintuitive,” says Klein. “At the end of the day, there are more shows, but a lot of this new content doesn’t make money.”

This means there is less potential damage on the table, while litigation is expensive and the odds favor the defendants. “Of the cases that have been decided by judges in the entertainment property world, there’s been a long history of cases where they’ve exploded,” says Doniger. “That could be because the powerful, who have good access, are rushing to settle out of court.”

And the more ideas are created, the more difficult it is to prove that a specific work has been copied. Especially when it is common for competing projects on the same topic to be announced almost simultaneously. “There are certain ideas, stories that are in the air that people pick up on,” says Lichter. “Stealing copyrighted ideas is not a business. There are things that seem to be in the culture, and people who are attentive to the culture pick them up.”

Or, as Bernardini puts it: “The idea that you have brilliant self-esteem that no one else has is false. After all, it’s all a version of a story told by a Greek boy a thousand years ago.”

Korn suggests that some legal headaches could be avoided if people were more transparent about what they have in mind. “It’s very common for someone to make a release and find they’re already working on something very similar,” he says. “There’s a point where you have to decide whether you’re being honest or ironic.” Be honest about it and spread the word from the start. “We have something similar. We can’t go to the field, or we can’t discuss it anymore. If you don’t, you can protect yourself years later.”

Doniger says a big part of his job is making sure a potential client understands the law in this area and its goals. “A lot of things we think are wrong that aren’t legally possible,” he says. “When I decide not to take the case and I have to explain to the person that ‘someone else could understand your idea and execute it’, most of the time they appreciate it.” They understand and feel that the law is there to protect everyone and they find it disgusting.”

This might sound like a rosy show, but the consensus seems to be that the real stealing of malicious ideas doesn’t happen very often, because Hollywood’s big-name, sophisticated gamers know they shouldn’t cheat on anyone.

“There are a lot of other projects to be done, and all these companies have big legal departments that look at release issues, and insurers say, ‘You’re not covered if you do something stupid,’” Klein says. “Are you going to risk the whole project because you don’t want to pay for the script? It makes no economic sense.”

And what if someone hears a potential voice? Bernardini points out, “It’s cheaper to pay for something if you want it than to steal it and sue.”

A version of this story first appeared in the August 10 issue of The Gossipify. Click here to subscribe.