A friend of mine was talking to me the other day about protecting screenplays. I thought it might be good just to share some basic information.
For new screenwriters (and old!) it's important to DOCUMENT and REGISTER your work. While there has always been incidents of "idea theft", it is usually been confined to less established businesses. Unfortunately, there has been a number of recent cases that have thrown question to the practices of larger studios. This may be more of the result of specific individuals, but it negatively impacts the whole industry. As a writer, you need to take steps to protect your own work. I thought I'd share a few recent cases. There may be more, but these writers took steps to document their efforts so they were able to move forward with their litigation for copyright, intellectual property and contract violations.
3/24/11 Disney/Pixar sued over Infringement for 'Cars' by Screenwriter
Jake Mandeville-Anthony v. The Walt Disney Company, CV11-02137 VBF (C.D. Cal. 2011)
In essence, in 1992, he submitted storyboards, sketches, sample script and treatment to Disney and individuals at LucasFilm Ltd. He met with an employee at LucasFilm who later moved to Pixar according to the report. When "Cars" was released by Disney/Pixar, it had several characters both named and in appearance to his earlier submitted work. Several features of the story/treatment also were present.
In August 2011, the Court rejected the screenwriter's claim stating that "the protectable elements of the parties’ respective works are dissimilar in plot, sequence of events, pace, themes, dialogue, mood, setting, and characters." It further highlighted that under California Civil Code, there is a statute of limitations for filing for a breach of contract, two years [Cal. Code Civ. Pro. 339(1)]. If he had filed sooner about the breach of contract upon the original release in 2006, he may have won barring the copyright concern.
2010, Montz vs. Ghost Hunters/Pilgrim Films
Montz v. Pilgrim Films & Television, Inc., __ F.3d __ (9th Cir. 2011) (en banc)
Montz v. Pilgrim Films & Television, Inc., 606 F.3d 1153 (9th Cir. 2010)
In this case, a paranormal investigator came up with a television show idea which he pitched to several studios including NBC and SciFi which indicated they were not interested. Later, SciFi comes out with "Ghost Hunters". Montz filed a suit alleging copyright infringement, breach of contract, and several other violations. The court initially dismissed the charges but then decided to revisit the decision. In reversing their decision, they cite Desny v. Wilder, 46 Cal.2d 715, 299 P.2d 257 (1956). While a television/movie idea cannot be copyrighted, the concept can be stolen if there is an implied contract to pay the writer if used.
1. When you write your screenplay, keep copies of your drafts. Your computer will automatically create a date stamp. I will save every few revisions as a separate draft to document the crafting.
2. When you are satisfied and ready to actually submit, go through the steps of copyright registration. Registering with the Writer's Guild provides some protection but your saving grace will be the documented drafts you've created that show the history of your writing.
3. When you submit or pitch the idea, document to whom and when. As in the above cases, you are never certain when that information may be critical. Pitchfests tend to have the worst reputation for having ideas "creatively acquired". Knowing who you pitch to can help provide some basis for an implied contract of confidence and implied contract in fact, depending on the discussions.
It doesn't help to be paranoid about submitting your material. These cases are high profile but emphasize the importance of documenting. It's also important to realize that some story ideas and elements ARE common; not everyone is stealing ideas. Just realize that a few extra steps upfront give you some protection.
For new screenwriters (and old!) it's important to DOCUMENT and REGISTER your work. While there has always been incidents of "idea theft", it is usually been confined to less established businesses. Unfortunately, there has been a number of recent cases that have thrown question to the practices of larger studios. This may be more of the result of specific individuals, but it negatively impacts the whole industry. As a writer, you need to take steps to protect your own work. I thought I'd share a few recent cases. There may be more, but these writers took steps to document their efforts so they were able to move forward with their litigation for copyright, intellectual property and contract violations.
3/24/11 Disney/Pixar sued over Infringement for 'Cars' by Screenwriter
Jake Mandeville-Anthony v. The Walt Disney Company, CV11-02137 VBF (C.D. Cal. 2011)
In essence, in 1992, he submitted storyboards, sketches, sample script and treatment to Disney and individuals at LucasFilm Ltd. He met with an employee at LucasFilm who later moved to Pixar according to the report. When "Cars" was released by Disney/Pixar, it had several characters both named and in appearance to his earlier submitted work. Several features of the story/treatment also were present.
In August 2011, the Court rejected the screenwriter's claim stating that "the protectable elements of the parties’ respective works are dissimilar in plot, sequence of events, pace, themes, dialogue, mood, setting, and characters." It further highlighted that under California Civil Code, there is a statute of limitations for filing for a breach of contract, two years [Cal. Code Civ. Pro. 339(1)]. If he had filed sooner about the breach of contract upon the original release in 2006, he may have won barring the copyright concern.
2010, Montz vs. Ghost Hunters/Pilgrim Films
Montz v. Pilgrim Films & Television, Inc., __ F.3d __ (9th Cir. 2011) (en banc)
Montz v. Pilgrim Films & Television, Inc., 606 F.3d 1153 (9th Cir. 2010)
In this case, a paranormal investigator came up with a television show idea which he pitched to several studios including NBC and SciFi which indicated they were not interested. Later, SciFi comes out with "Ghost Hunters". Montz filed a suit alleging copyright infringement, breach of contract, and several other violations. The court initially dismissed the charges but then decided to revisit the decision. In reversing their decision, they cite Desny v. Wilder, 46 Cal.2d 715, 299 P.2d 257 (1956). While a television/movie idea cannot be copyrighted, the concept can be stolen if there is an implied contract to pay the writer if used.
1. When you write your screenplay, keep copies of your drafts. Your computer will automatically create a date stamp. I will save every few revisions as a separate draft to document the crafting.
2. When you are satisfied and ready to actually submit, go through the steps of copyright registration. Registering with the Writer's Guild provides some protection but your saving grace will be the documented drafts you've created that show the history of your writing.
3. When you submit or pitch the idea, document to whom and when. As in the above cases, you are never certain when that information may be critical. Pitchfests tend to have the worst reputation for having ideas "creatively acquired". Knowing who you pitch to can help provide some basis for an implied contract of confidence and implied contract in fact, depending on the discussions.
It doesn't help to be paranoid about submitting your material. These cases are high profile but emphasize the importance of documenting. It's also important to realize that some story ideas and elements ARE common; not everyone is stealing ideas. Just realize that a few extra steps upfront give you some protection.