Legal Question in Intellectual Property in Michigan
''Sneak Previews'' Issues
This is quite tricky :)
Let's say we are a website that publishes scoops or even at times full manuscripts to movies that have not been released yet. We always obtain the information anonymously and are never out to purchase any kind of insider information. We also know that manuscripts become public info once the movies are out.
Are we treading dangerous legal water here? What can the movie publisher do to stop us from publishing such information, if any?
Thanks for the advice in advance :)
1 Answer from Attorneys
Re: ''Sneak Previews'' Issues
In my understanding and practice of copyright law and as a former journalist, it is my opinion you have some flawed assumptions. First, just because the movie is released does not mean the manuscript enters the public domain. The script to a movie is copyrightable subject matter and knowing how protective Hollywood is, you can probably safely assume that they have or will obtain a copyright registration on the script. They copyright owner of the movie also has the right to make derivative works from the movie. That is one of the benefits of being the copyright holder. You may excerpt movie scripts within the guidelines of fair use. Fair use, however, is not carte blanche.
Scoops of inside information is protectable reporting under the First Amendment, in my opinion. The movie owners may not be happy about it, but as long as it is not acquired through illegal activities, there is probably little they can do about it.
It is my opinion that if you put complete manuscripts of movies on the website, you will be sued for copyright infringement by the rights holders.
Thank you for your question.
Best regards,
Todd Epp, Esq.