Q: Is the case of film/synopsis/trailer copyrights infringement worth suing?
Hi. We've bought out the rights for a new exclusive story (screenplay) that has never been covered in the media before. There's one more party (producers) who wanted it, but did not buy the rights. So my company has acquired the rights legally - via agreement.
But today when we came to negotiations with a well-known writer on the project it had started with him being angry because he found an "official film site" where it's stated that THAT party is the project producers and legal rights owners, ahem. So the negotiations weren't nice.
They published the synopsis of this unique story with characters names and storylines from this very script. It has even video trailer made / edited by the screenwriter to portray the story. Of course, those "producers" act with no documents. So they actually hoax potential investors stating they produce the project and infringe our copyrights.
We're new in CA and not sure if such case is worth suing. Is it?
A: The situation you describe certainly warrants a meeting with competent intellectual property attorney(s). You are in the right area to find some of the best IP lawyers in the country. I'm sure an initial meeting to determine whether the case is worth pursuing would be free.
A:
If there has indeed been copyright infringement, then you most certainly have a matter that’s ripe for a lawsuit. This is even more so if you have registered your written material for copyright with the US Copyright Office (which would entitle you to statutory damages if infringement is found).
Note however that the definitive issue here is twofold: 1) is your material is copyrightable? and 2) has there been an infringement? — in the most basic explanation possible, ideas/concepts are not protectable by copyright law, however unique elements of that idea, written in some form would most certainly qualify. So, if the producers merely copied your idea, rather than actual protectable elements, your case is substantially weaker. If you would like to schedule a phone call, I’d be more than happy to discuss this further.
Email me at: Jason@altviewlawgroup.com
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