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Is Copyright Infringement an Issue in Hollywood?
Author: Scarinci Hollenbeck, LLC
Date: March 5, 2014
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Is there any originality left?
When movie and show creators come up with an idea, many people may think it is original, but that isn’t always the case. For example, director Spike Jonze was recently sued with a copyright infringement lawsuit by two writers who claim he stole their ideas for “HER” from a script they wrote years ago.
A decision has yet to be issued for this case but this isn’t the first instance of someone in Hollywood stealing idea. Shia LaBeouf was recently accused of plagiarism for a film he recently made.
Proving Copyright Infringement
Parties that sue for copyright infringement could face an uphill battle, as there are elements that must be proven, such as:
- The plaintiff must show that they had ownership of a valid copyright
- The plaintiff must prove that there was copying of constituent elements of the work that are original
Proving that there was a valid copyright is the easy part, as all people need to do is submit an application to the U.S. Copyright Office. The website allows you to upload your work electronically to expedite the process.
However, the second element isn’t as easy to prove. The plaintiff must be able to prove that the defendant explicitly copied his or her work. Also, that copying has to constitute an improper appropriating of the plaintiff’s work. This can be difficult to prove in court, especially if a script hasn’t been released to the public, as the plaintiff has to somehow show the judge that the defendant was able to access to script.
Jonze’s case wasn’t the first copyright infringement accusation, and it probably won’t be the last. He more than likely won’t face any severe penalty, as it is going to be hard for the two writers to prove the second element of infringement.
- Practices: Copyright
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