‘The Holdovers’ Plagiarism Claim and How to Protect Your Script
Mar 15, 2024
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Matt and Jeremiah discuss the recent plagiarism accusation in Hollywood, past examples of copyright infringement, and how writers can protect their scripts. They also touch on the role of the WGA in plagiarism cases and make predictions about films premiering at South by Southwest.
Proving substantial similarity in expression is crucial in copyright infringement cases, not just similar ideas.
Pursuing breach of implied contract claims can provide writers a potentially more viable legal recourse for script protection.
Deep dives
Legal challenges in Hollywood and copyright infringement
The podcast episode delves into the complex legal issues surrounding copyright infringement in Hollywood, particularly focusing on a recent case involving a writer claiming his script was plagiarized. The discussion explores the high standard required for copyright infringement, highlighting the need to prove substantial similarity in expression rather than just similar ideas. Expert testimony and industry practices regarding idea theft claims are also examined, shedding light on the challenges faced by writers seeking legal recourse.
Challenges for writers in protecting their scripts
The episode addresses the limited options available to writers who believe their scripts have been unlawfully copied, emphasizing the difficulty in pursuing copyright infringement claims due to stringent legal requirements. It discusses the alternative approach of pursuing breach of implied contract claims, which can provide a potentially more viable legal recourse for writers to protect their creative works. The significance of expert analysis in determining similarities between scripts and the role of industry panels in evaluating disputes are highlighted.
Film festival hype versus commercial success
The podcast critically examines the disconnect between the enthusiastic reviews generated at film festivals like South by Southwest and the actual box office performance of the showcased films. It highlights the tendency for festival audiences to overly praise movies, leading to inflated expectations that may not align with mainstream audience reception. The discussion questions the predictive accuracy of festival reviews in forecasting commercial success for films and cautions against placing undue confidence in festival buzz for gauging box office outcomes.
Matt is joined by Jeremiah Reynolds, partner at Eisner LLP and copyright law expert, to untangle the recent plagiarism accusation by screenwriter Simon Stephenson over Alexander Payne’s ‘The Holdovers,’ then outline whether or not this case has merit. Matt and Jeremiah discuss famous past examples of copyright infringement, whether the WGA can help with plagiarism, and what a writer can do if they feel their idea is being stolen. Matt finishes the show with a prediction about the films that will premiere at South by Southwest.
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