Possible Copyright Issues Here - Your opinion

You can rip off a story concept without it being copyright infringement. Look at Reservoir Dogs. It gets risky when you lift specific material (dialogue, characters' names, title, exact plot movements, etc.). Screenwriter Art Buchwald wrote a screenplay about an African prince who moves to NY to find a princess. He optioned the script to Paramount, saying Eddie Murphy would be perfect in the lead. Paramount wrote their own version of the script, behind the Buchwald's back. They cast Eddie Murphy and called it Coming to America. Buchwald won a breach-of-contract lawsuit, but only because he had a contract with Paramount before they stole his idea. Hollywood's made a business out of stealing ideas. Tweak the story and you'll be fine. Cheap knock-offs of popular movies is practically its own sub genre. There's a recent movie called "Aliens vs. Avatars". I know James Cameron didn't license his blue people. Also, how many times are there two big asteroid movies, like Deep Impact and Armageddon, or The Day After Tomorrow and... wasn't there another weather apocalypse movie? Anyway, if you don't read the script for the movie that's similar to yours, I don't know if it would even be possible for you to infringe on the copyright enough to warrant legal action. I don't know, though. I'm not an expert on copyright law. Hope I could help.

Hey thanks for your reply. I'm cautious about it as I don't want any successful film I make to end up overshadowed by a lawsuit. Or be known as the director who ripped his idea off that other movie. One thing that comes to mind is an eye opening class I took in the past. There was a huge section about making contracts and copyrighting your material. They said that even dance or action choreography can be copy written. Also I think huge companies like Paramount have the money to pay off the lawsuits. They take the risk of ripping a story off, because they can handle the "damages."

NOTE: This is not legal advice. For that you should consult with a practicing copyright or entertainment lawyer in your area.

If the writer has kept detail records which show his script was written prior to the movie's release and was not substantially altered after the release, most courts will not find infringement. Copyright protects words and performance, not the idea itself. In the case mentioned above, it was a "contract" issue not the "copyright" which won the case.

Popular ideas get cloned. If you have one hit movie/series/song/artform/etc. in the next month it becomes viral and the next you have 50+ duplicates. Most unique works are writer/director productions. The more reality-based the story, the less unique the storyline. I'm not saying that there aren't original ideas. However, when you start reading lots of scripts, you'd be surprised how many are identical just different names, cities, professions, etc.

I keep separate copies of my major draft revisions. Since I compose on the computer, they already carry a time/date stamp that's damn hard to forge. When I am at the final stages, I will register it. I track to whom I submit. I use services which track who reviews my works and reports that to me.

If the sequel is true to your original unique movie, then that should not be an issue. A similar concept is not copyright infringement. If it is a concern, shoot your original and have the writer re-write the sequel. If you've optioned a script, you can request a re-write. The author may not like it, but it is usually stipulated in the contract. Usually minor plot changes will make it sufficiently distinctive. If you purchase it, you may re-write it to your heart's content.

At its heart, copyright says "you can't take my creation and use it for your own gain." As long as there is documentation that the author was in no way affiliated with the other production (so had access to their script), his creation was independent (written prior or during production), and it does not make use of the other material (names, places, etc.), it would be hard to show copyright infringement. [There are lots of vampire/werewolf storylines right now!]

After you've read a hundred cop-themed scripts, you realize "crime is crime". They all start to look alike. I like some of them because of the characters or the perspective. It's how the director brings that story to the screen that really distinguishes them.

The writer and director are partners. When they share the same dream, it's awesome. But I've seen a director take a script and transform it into something different (sometimes better). Established directors have no qualms beating up scripts (unless they've written them!). I'm just saying this because the creative process is an ongoing effort. Just because you have a script in hand doesn't mean that's what gets made into the movie. Sometimes it would be better if directors stayed true to the script but screenwriters need to be a tough breed.

It doesn't seem to me that you have a copyright problem. However if there is concern about the lookalike factor, much can be changed in the creative process before filming, during filming and afterwards. If you have specific concerns, request a quick consult with a copyright or entertainment lawyer.

FantasySciFi said:

If the writer has kept detail records which show his script was written prior to the movie's release and was not substantially altered after the release, most courts will not find infringement.

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Yes, siree! No further comment needed.