QUESTION
Can I sue Sony for violating my copyright?
Asked on Dec 31st, 2012 on Intellectual Property - New Jersey
More details to this question:
There is a movie being release that shares many elements of a screenplay I wrote. Can this be investigated? If so, how do I proceed?
2 ANSWERS
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Virtually every successful film in "Hollywood" receives numerous demands or lawsuits alleging infringement of copyright. I would estimate less than one in one hundred succeeds, perhaps less than one in one thousand. If you registered your script with the Writers Guild and if you registered your screenplay with the Copyright Office you may have a chance, but then, finding a lawyer to handle this on a contingent/percentage fee will be very, very difficult and if paid by the hour will cost a "fortune".
Answered on Dec 31st, 2012 at 10:05 AM
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The Copyright Act does not protect so-called "scenes a faire," which means that plots, concepts, etc. of a movie or book cannot be the subject of an infringement action. By this logic, West Side Story would not infringe a copyright (if one existed) in Romeo and Juliet, even though the two works share numerous "elements." You can do whatever you want to "investigate" your claims, but in order to prevail you would need to prove, among other things, that Sony had access to your screenplay. Contact our office if you wish professional advice on this issue.
Answered on Dec 31st, 2012 at 8:08 AM