Avoiding plagiarism and lawsuits.

[Bachus]

Two questions regarding plagiarism and avoiding potential lawsuits..

1) If I write a fictional screenplay based on actual events, could I be at risk of a defamation lawsuit? Example; writing a fictional screenplay based on actual events that are ongoing - (e.g. the disappearance of Susan Powell - she is currently missing presumed dead, her husband was suspected at one point of her murder despite no body being found, one of their children drew a picture of their vehicle with a body in the trunk and said "mommy was in the trunk sleeping" or something, her husband has since committed suicide).

Now clearly I would not use the same names/locations but if my fictional screenplay was based on those events (the child's drawing, the same circumstances etc) without specifically referring to that particular case, would I be in the clear or would the similarities be too close and I be at risk of a defamation lawsuit by any parties involved?



2) Completely separately to above, I have a concept in my head for a particular niche story/plot, however I have since discovered that a similar film was released 20 years ago with the same niche story/plot and enjoyed moderate cult success. It is a very particular longline which is identical to that film however my story has lots of differences and has a different structure. Considering how particular and niche my concept is, it would definitely be compared to this particular film from the outset. Am I at risk of any stumbling block with this?

 

[FantasySciFi]

Two questions regarding plagiarism and avoiding potential lawsuits..

1) If I write a fictional screenplay based on actual events, could I be at risk of a defamation lawsuit? Example; writing a fictional screenplay based on actual events that are ongoing - (e.g. the disappearance of Susan Powell - she is currently missing presumed dead, her husband was suspected at one point of her murder despite no body being found, one of their children drew a picture of their vehicle with a body in the trunk and said "mommy was in the trunk sleeping" or something, her husband has since committed suicide).

Now clearly I would not use the same names/locations but if my fictional screenplay was based on those events (the child's drawing, the same circumstances etc) without specifically referring to that particular case, would I be in the clear or would the similarities be too close and I be at risk of a defamation lawsuit by any parties involved?

I'm not speaking as a lawyer. Defamation would require you to name the person or make it obvious so a general person would know who it is. There was a case of an author sued because his characters were drawn from his experiences where he worked. The individuals charged defamation but when asked to identify which character they were (they were all pretty egregious), they declined. So the judge said since they couldn't recognize themselves, how could the public recognize them? The case was dismissed.

Using elements and mixing in fictional events without referencing names or locations is not an impingement. You aren't making an accusation or putting real people out in the public's eye. These are not unique events, unfortunately. If you want to be safe, add deliberate variations. However, most writers draw inspiration from real events. You see this in police procedurals. Facts, themselves, cannot be copyrighted just their presentation as in a written work. If you deliberately attempt to recreate her story, you could conceivably run into problems. I'd consult with a lawyer before submitting it.

2) Completely separately to above, I have a concept in my head for a particular niche story/plot, however I have since discovered that a similar film was released 20 years ago with the same niche story/plot and enjoyed moderate cult success. It is a very particular longline which is identical to that film however my story has lots of differences and has a different structure. Considering how particular and niche my concept is, it would definitely be compared to this particular film from the outset. Am I at risk of any stumbling block with this?

Yes and no. You cannot copyright ideas. Indeed, lots of ideas get reworked. If it matches so closely that it will draw comparison, that can work against you. The one thing you realize reading scripts is that a lot of people come up with the same/similar ideas. It's often how you come at it that makes the difference. While there are lots of 'remakes', you ideally want to set yours apart if you're not making this yourself. Most producers want unique content and create their own cult following. And some will avoid material that is too close to avoid potential litigation.

So coming back. No, having a similar idea isn't a problem. Talented writers can take the same logline and come up with vastly different stories. Consider: "An orphaned boy is bullied until he discovers he has superpowers but not without a weakness. When the city is in danger, it follows upon him to use his powers to save the day from powerful enemies." How many films does that one encompass?

Yes, having something that could be potentially similar would difficult to sell. Here again, it depends on your treatment. If your intent is to ride the coattails of the original, your script probably will be bypassed. If the studio with the rights to the original wishes to re-make it, they have their own writers they will bring in. And if it has a cult following, they could be protective. While "Mork and Mindy" was a standalone comedy, it fell in the same line as "Alf" and the earlier "My Favorite Martian". Distinctive but the same, "stranded alien" theme. Good luck.

 

[Editor]

A lttle known fact about plagiarism...

Plagiarism is using other people's ideas... however, provide you have not sold any rights to a script, you CAN crib and use whatever yolu want out of YOUR OWN work. So, if you have a really great couple of ideas in one screenplay that you were unable to sell, you are fully entitled to strip them out of that script and put them in your next script. Your agent might complain that it looks just like the scene in a previous script he couldn't sell, but it's AOK legally.

 

[GuerrillaAngel]

A lttle known fact about plagiarism...

Plagiarism is using other people's ideas...

Are you sure about that? Ideas can't be copyright protected.