Legal Question in Entertainment Law in Florida
Plagerism
In 1983 I wrote a screen play I titled CHECKMATE. In a futile effort to have it reviewed by someone in show business I went to Venice Beach, California. I took a job as a bartender on the beach. I got lucky, less than a block away a new bar was opening and Dudley Moore and Liza Minelli were the partners that were just opening up the street from the place I was working. One evening just before their Grand Opening they came in to our place with all of their staff. I enjoyed a conversation with Mr. Moore that lasted about a hour. During that time I told him about my story Checkmate.
My story was about a Think Tank in NORAD. Through a series of events that are so remakably similar to a recent movie that it seems beyond sheer coincidence. The ending is virtually indentical and each major event in the movie concides with everything to such a degree that I belive either someone heard about it or that osmosis of ideas actually takes place in this life. What can I do if osmosis isn't the key? Is it possible that Dudley talked about my story and eventually it got to Clancey and the rest is box office history? And if so, what and where do I go?
Respectfully yours,
Not a nut case.
2 Answers from Attorneys
Re: Plagerism
That is very big problem in the Hollywood system. Your problem is that you have to prove that they actually read your screenplay and stole it. If they just used your concept you have a harder task.
Re: Plagerism
Of course it's possible that Mr. Moore disclosed your story which directly or indirectly got to Clancey. The question is not whether it is possible but whether you can show that your story was actually copied for commercial purposes. There are various issues that play a role in your situation, not the least of which is the effect of your voluntary public disclosure of material you now wish to claim as confidential and proprietary in nature. Your case is not an easy one, and it requires a consultation far more involved than exchanging e-mails over the Internet. If you think it's worth further inquiry, seek counsel. Keep in mind that Mr. Clancey and the entities that he is associated with probably have more resources than you, and they are not likely to just cut you a check if and when they receive a demand letter from your lawyer. I would imagine that Mr. Clancey would devote plenty of time and money toward defending his reputation. Before disclosing any other stories, seek the advice of counsel so that you can set up basic protections that might avoid the situation described in your question. Good luck.