Legal Question in Entertainment Law in California
Copyright Infringement (Update)
I am a film writer. Last year a film company started a process to purchase a script I wrote. In the end, I wasn't happy with the deal and walked away. After I departed, the company went on to write a screenplay and produce a film based on elements of BOTH my script and a treatment I have for the material. They are claiming they own the treatment because I met with them to discuss the story. I've been in the film business a long time. Sold and optioned a few scripts, etc. I know the burden of proof will be on me in an infringement case, and I don't go into this lightly or with emotion. My question: is there any merit to the claim that they OWN --exclusively-- the treatment I wrote because we discussed the story together? And when it comes to the burden of proof, will I be able to use that treatment as an infringing article?
The story they wrote borrows heavily from both script and treatment, but the treatment was written AFTER the meeting I had with them. The contract was on the table at this point. I felt I was operating in good faith. (I hope I'm not just another cautionary tale, but ...)
Thank you very much for your time.
(Thank you Mr. Firemark for you earlier reply).
1 Answer from Attorneys
Re: Copyright Infringement (Update)
The answer is still "it depends." You present a good set of facts, that suggests that the company's argument doesn't work, but other facts could change that opinion.
Did you get paid (anything) to write the treatment? Even if not paid, did you write it at their request?
If so, there IS (some) merit to their notion, even if the contracts were never signed.
Likewise, if they paid you for writing the script... they may own it too, under a Work Made For Hire theory, but much depends on facts you haven't presented.
You need to consult with someone who can gather ALL the facts, and THEN tell you whether you've got a case.
You should hire an attorney to represent you by contacting the company in question with a Cease and Desist, and a demand for payment. If they don't play ball, consider suing them!
Most attorneys will meet with you to talk about a case for free, or a nominal fee. IT's worth it.
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