Legal Question in Entertainment Law in California

Possible rights infringement

I�m involved in the development of a feature length film for theatrical release and by chance watched an old episode of a famous TV show last night that used specific phrases in their dialogue that just so happen to be the title of our film and key lines in dialogue and synopsis for us, as well. The phrases are creative and not commonly used. They�re also word for word the same as in our film. Our film is based on the life of the screenwriter and doesn�t tie into the tv show at all. If we move forward with our film as is, will we be opening up the door for a possible lawsuit from the writers/owners of the TV show?


Asked on 10/02/06, 1:21 pm

2 Answers from Attorneys
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: Possible rights infringement

I think you should have a long, detailed talk to your writers to see if there is any connection to the film. It sounds like your writers were influenced by this film and you need to do a re-write.

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Answered on 10/02/06, 2:41 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Possible rights infringement

The first response is good advice. It is, of course, possible for innocent copying to occur but one of the fundamental elements of a copyright lawsuit is to show access. In other words, it's an infringement if one had access to the script of the program or the program itself and there was copying. Here you would have a difficult hill to climb since the tv program was exploited and you'd have to convince a judge or jury that your writers never saw the show or overheard someone quoting the show. As I said, the first response is a good one. You'd have less of a problem if you used a title but why take the risk. If you do want to risk it, including the dialogue, you should consult with an IP attorney.

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Answered on 10/02/06, 8:29 pm


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