Hi everyone, I've been lurking and learning from all of you for a while now. But, now I have a question..

For years I was sending my scripts to an agency in LA who was looking for writers.. I was of course looking for an agent. In Jan 2005 I submitted a finished script to the readers. I received the same response as all my previous scripts: "It's great. We love it! But it's just not what we're looking for right now."

In Sept 2007 a movie was released that followed the bones of that 2005 script. Of course, a few scenes were changed and they did some adding and ommitting to make it look like theirs, but I know in my gut that this is my project.  What sucks is the movie did quite well at the box office. That's the real crime.

My question is What do I do? Should I find a copyright lawyer? It's going to be hard to prove as I'm in GA and they filmed in NY. Or, should I just let it go?

I always knew that to get started as a serious writer I would have to give a script away, but I wanted it to be my choice and my terms.

Any advise is appreciated..

Glenda  

Get yourself a copyright lawyer, Glenda.  While it's easy for any of us to shout, "Sue the bastards!" both scripts will have to be read side by side to say how similar they actually are.  Having similar storylines isn't enough.

Good luck with that.


Phil

It seems you're yet another victim in a recent spate of similar claims.

While I completely sympathise with your anger and frustration, Glenda, I can't help wondering why it’s taken you this long to act on it given that the film was released in 2007?

What was the name of the film by the way?

Thanks Jeff... I've been looking around for a copyright lawyer for a while without much luck. It looks like I'll have to expand my search to another state.

colkurtz8, I'm not so much angry as I am disappointed in the agency and yes I've been pondering what to do since I went to the theatre to see the movie. It's easy to tell you guys that my work was "borrowed" by another writer, but filing a law suit and proving it in court is another thing. This legal stuff is greek to me and I don't have a boat load of money to put up.

In my mind I've been trying to figure out what they did, how they did it (in the front door and out the back?) and here's the big one, Did they think that no one (me) would notice?

the name of the film is The Brave One.

If you can't find a copyright lawyer, then ask any lawyer for a reference.


Phil

Didn't you copyright or at least register the script with the WGA before sending it out to agents?

yes, I have the copyright.

The script is here on the boards:

http://www.simplyscripts.com/b.html

You should give it a look and compare to yours for similarities.

I guarantee you that is what any judge is going to do.

Quoted from Glenda yes, I have the copyright.

Then there shouldn't be a problem on your part as long as the date is earlier than when you sent it to the agent.

Bert, yes, I'm familiar with the script... I've read it countless times. Seen the movie more than that.

Above just comparing the scripts, you need to prove that it was reasonable feasible that it would have ended up in front of the agent.

I looked up the writers of "The Brave One" and the agent representing them is Matt Leipzig of Original Artists and their Manager is Susana Zepeda of Principal Entertainment.

Did you send it to either of them and do you have a record of it?

Hi,

No I sent my script to an independent agency in LA that I had worked with for years. They have proof of receipt and I have my records as well.

Quoted from Glenda No I sent my script to an independent agency in LA that I had worked with for years. They have proof of receipt and I have my records as well.

Like I said, I could be wrong, but I think you need to be able to show how it could have gotten into their possession.  For example, in the Dodgeball case posted on this site awhile back, the guy was able to prove that it was reasonable that his script, which was submitted to the agency that the writer of Dodgeball worked at, would have been easily able to get into his hands, as he was a reader at that agency.

How would you argue that it made its way to either Original Artists or Principal Entertainment?

I agree and that's the million dollar question. In my gut I know this is my work, but common sense tells me it would be difficult to impossible to prove, being I wasn't there and I don't know who touches/reads my work once it arrives.  

Before you see a lawyer, Glenda, get a hard copy of each script and go over them side-by side and line-by-line.  Highlight what is close to your work in one color and highlight what is copied word for word in a second color. It'll save you time and money with the lawyer.


Phil

Quoted from Glenda Hi, No I sent my script to an independent agency in LA that I had worked with for years. They have proof of receipt and I have my records as well.

I would say that right there might be your biggest problem. If there is no way to connect that agency with the movie you will have a hard time proving anything.

Also it is not uncommon for similar ideas and themes to pop up in movies. That same year there were several similar revenge themed flicks. Another one was "Death Sentence", swapping genders for the lead role.

I have countless times had to dig into my story drawer and throw away stuff because I just watched it happen before my eyes on the big screen. A couple times I have even had a real, "What the F***!" moment, but sometimes it happens. If you thought of something, chances are high that someone else has too.

However, if you are seeing a page by page depiction of your script that is another story altogether. If there are just a few similarties it might just be a case of someone beating you to the celluloid.

Maybe you should post your script here for others to check out and give you some feedback on.

John