Legal Question in Entertainment Law in California
Infringement
I am a film writer. Last year a film company started a process to purchase a script of mine. 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 their any merit to the claim that they OWN the treatment I wrote because we discussed the story together (once, for a few hours), and when it comes to the burden of proof on my shoulders, will I be able to use that treatment as an infringing article?
Thank you very much for your time.
1 Answer from Attorneys
Re: Infringement
If you already had written the TReatment BEFORE you met with them, then YOU own the material.
If you met with them prior to writing the treatment, the question is whether the idea was already in their possession, (in which case their argument may have some merit) or whether you brought it to them (in which case you might be able to claim 'idea theft'.
The analysis doesn't stop there, though. Even if you brought them the idea, you'd have to prove that they agreed (either expressly or impliedly) to pay you if they used it.
You should absolutely consult directly with an attorney about suing these folks. Idea Theft cases are extremely difficult to win for a plaintiff... and I can't say for certain whether you've got a case, without a careful review of all facts, but it's worth investigating.
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