ideas cannot be copyrighted. Thus,
it's critical to figure out if the origi-
sufficiently infused with creativity to be de-
serving of copyright protection.
also assume that you draw from and expand
on the original setup. Would you be in-
fringing on the original creator's copyright
in such an instance?
things simple, however, the scenario causes
concern because (1) there was access to the
original work, and (2) it's likely that por-
tions of the original work are substantially
similar to the new work. (Note: "Substan-
tial similarity" is determined by comparing
the two works' plots, themes, dialogue,
mood, setting, pace, characters, sequence of
events, etc.)
it's always best to consult an expert who can
compare them.
man copyright law so be mindful of this
fact and make sure you seek appropriate ad-
vice in your jurisdiction.
wish I had a clear answer. The
value of a screenplay depends on
track record of the writer, although the
strength and appeal of the idea is a huge
factor as well. Is it for indie release or is it
supposed to be a blockbuster action
movie? Are brand name stars or directors
attached? Is the screenplay sought after so
much that a bidding war to acquire it oc-
curs? These and similar factors drive the
value of a screenplay.
copyright law is that you cannot
copyright an idea. Thus, if you reg-
Office and/or with the WGA, you should
write an outline or treatment of the story
idea and include as much detail as possi-
ble so that your submission becomes more
than just an idea.
sign a non-disclosure agreement. In reality,
however, anyone worth sharing your idea
with is not only unlikely to sign this but
they will also request that you sign their
Submission Agreement, which is filled
with crafty language that protects them
and not you.
But as mentioned above, you can take cer-
tain steps to protect your idea and dissuade
theft. Also, it is of utmost importance that
you deal with parties who are reputable.
license from the owner of the copy-
right in order to use the sample. It
another artist without permission unless
the work is in the public domain, which
happens once a work is no longer copyright
protected. In some rare instances, you can
also use the work under a legal doctrine
known as "fair use," which typically refers
to uses that are newsworthy, satirical or ed-
ucational. Be careful, though, as it is always
tricky to rely on the fair use doctrine be-
cause lawyers are good at arguing that it
doesn't apply.
entertainment attorney based in Holly-
wood. He represents clients in the film, tel-
evision, music, online and new media
industries. He is also the impresario for a
prominent European tenor and a lover of
great art. You can follow Mr. Spivak on
Twitter (@gRuvinLaw). Comments, ques-
tions and challenges are encouraged.
Please send your feedback to
Contact@RuvinLaw.com.
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