Most of my blogs about the movie business are inspired by questions I receive from aspiring writers and filmmakers. The most frequent question I get is whether Hollywood production companies will steal their scripts.
I previously answered this question back in 2010 in the blog Will Hollywood Steal From You? My answer was, essentially, no. I felt a reputable production company would be willing to pay you for your script, even if they planned to have one of their favorite writers redo it. The price of a screenplay is generally peanuts compared to the overall cost of a production. So why steal?
Subsequently, however, my interest in the subject has peaked since I have been called as a witness in the lawsuit between Brad Stine and John Sullivan and Pureflix over the film "God's Not Dead." Since the case is still in the courts, I have no desire to add anything to what I have previously written in the blog The Encounter, Part 1, Proof God's Not Dead. That said, I have been looking at the lawsuit Shame on You Productions, Inc. v. Elizabeth Banks involving the film Walk of Shame.
Here's the trailer of the film:
If you watched the credits, you might have missed the name of screenwriter Dan Rosen. So did he. That's what the lawsuit is all about.
Rather than recap the lawsuit myself, you can read about it here, here and here.
I find this lawsuit interesting for two reasons. The first is Dan Rosen himself. He is an old friend and fellow Baltimoron. We went to Towson University and took at least one film class together. (Wanna see my final project from that class? Here it is: The Lunch. His film was a comic international travelogue shot in Baltimore.) I always remember Dan being very ambitious. Much more so than me. When we were in college, he was already working as a stand-up comedian. If I'm not mistaken, he was also running a comedy club.
Dan was the first, and perhaps only, member of our class to move to Los Angeles. He was also the first one to sell a feature script. (The Last Supper) Throughout the 1990s, I frequently saw him on the Comedy Central show Stand Up, Stand Up and eventually he got to write and direct a few movies himself. Check out his biography: Here. His credits prove he was not some rube right off the turnip truck at the time. He had extensive Hollywood experience.
The second thing I find interesting is that the appeal before the 9th Circuit court, after the lower court found for the defendants, is available online. This was the first time I was able to watch actual arguments in a copyright infringement lawsuit. The main point of the appeal was that the lower court used the wrong criterion in deciding on the similarities between the script and the film. (An independent expert found 42 similarities.) It is fascinating and a must see for every screenwriter. But, before you watch that, watch this video Dan made for a GoFundMe campaign to pay for the lawsuit. It states the issues as he saw them.
Here's the clip of the initial appeal to the United States Court of Appeals for the Ninth Circuit.
Dan and his team apparently lost the appeal. Read Here. They then appealed about having to pay the defendant's court costs.
Dan and his team also lost this appeal. Read Here.
What do I think about all of this? It's complicated.
First, I want to say that I have not read the script or seen the movie so I cannot address the specific merits of the case itself. However, this case, like every other copyright infringement case, affects the prospects of all freelance, non-union screenwriters without representation. Lawsuits like this make production companies increasingly wary about reading scripts that come in over the transom from people like me. And you. Therefore, I cringe every time I read about someone suing a production company who read their script....
But, on the other hand, there are thieves out there and unless someone stands up against them periodically, we're all screwed. It is very brave, almost insanely brave, to initiate a lawsuit like this one. The bar for proving copyright infringement is incredibly high, even if the production company read your script, and, as in this case, even met with you to talk about it. To make matters worse you may to pay the court costs of the defendant if you lose. And, trust me, your opponent will probably be a large corporation with very expensive lawyers who take very expensive lunches. In this case, Dan had to pay $319,000 in fees and costs. That's more than he probably would have gotten if they bought the script from him!
As I said earlier, I am not familiar with the specifics of the case and I don't want to make a judgement on it. I have no desire to disparage Elizabeth Banks or the other defendants. I am not implying they are guilty, or even innocent for that matter. What interests me are the underlying issues. For example, I strongly agree with the argument Dan's team gave in the appeal about the costs and fees. Having the real prospect of being forced to pay the court costs of the defendant essentially bars the courthouse door to everyone but the very rich. I understand these laws were passed to discourage frivolous lawsuits, but they also discourage legitimate ones, too. Moreover, these laws display the utter hypocrisy of the government. The government feels it is "just" to compel the losers in a civil case to pay the costs of the winners. However, that same government does not feel it is "just" to pay the legal costs of a defendant who is found innocent in a criminal trial! This is just another example of how justice is skewed in favor of the rich and powerful in our court system.
That's why I applaud people like Dan for going on such a forlorn crusade for the justice he felt he deserved. Bravo.
So back to the original question: Will Hollywood steal from you? I would say no ninety percent of the time. However, there are definitely some crooks out there and you should be aware of it. The best way to protect yourself is get serious representation and become a member of the WGA, west. All of my current option agreements are contingent on the films going union and myself becoming a member. That's how seriously I take the issue.
Here is a great list of film lawsuits: Film Lawsuits.
If you'd like Dan to read your script (for a fee), you can find him here: Rosen Reads
Other blogs about the film business:
The Downward Media Spiral, Part 1
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