Legal Controversies Surrounding Storytelling in the Modern World

Today’s digital world can be both a blessing and a legal nightmare for the storyteller. Like no other time in history, it is easier than ever to get a story created, told, and shared via the world-wide-web and social media sites. Many stars are created practically overnight by even one video or article that went “viral.”  However, this digital blessing also has a dark side, riddled in controversy. Any storyteller of all varieties (songwriter, screenwriter, movie producer) must be aware of this dark side, and the controversies that surround it, in order to stay one step ahead in the game. This post will delve into three different controversies surrounding screenwriting.

1. Leaked Scripts.

The web is rife with “leaked” scripts of films in production, especially the much anticipated ones. One famous recent example, among many, is the leaked script for 2012 Avengers film, by Joss Whedon. The leak happened around April of 2011. This leaked script in particular caused a huge controversy, because the source of the leak actually had the nerve to try to SELL the script.  It even had Samuel L. Jackson’s watermark on it, as well as Joss Whedon’s writing influences, making it appear legitimate.  The whole idea made many folks quite nervous.

I have been unable to find out exactly who it was that leaked it, and what made that person think they could sell it. My opinion is purely that. My sense is that this instance might have been an “inside job.” Controversy can be a huge boon to a project. In the internet marketing world (in which I lived for some time), we called this phenomenon “link bait.”  My second thought is that this leaked screenplay was legitimately leaked, and was actually Samuel L. Jackson’s attempt at the script, throwing his hat in the ring, so to speak. Unfortunately there is no more mention of it, and it controversy as well as the investigation just went cold.  The end result of the Avengers script was that it went a different direction than the “leaked” screenplay, and is attributed to Joss Whedon, not Samuel L. Jackson.

2. Stolen Scripts.

Many new screenwriters are told this idea of having your screenplay stolen is just a myth and not to be so sensitive. Tell that to the many people who have won cases over the years by proving that script theft not only exists, but can also happen even to the most seasoned writers. (See Buchwald VS Paramount).

As late as this 2006 CNBC TV article, Hollywood finally admitted to script piracy being not only a controversy, but also a huge problem in the entertainment industry. Scripts are intellectual capital, and Hollywood studios are well known for blurring the lines of writers’ rights in the past. However, in the digital age, where people can find out more easily if their ideas are being used, controversies and lawsuits abound.

From the article "Hollywood's new piracy problem: stolen scripts"

3. Script “Sharing.”

Not all scriptwriters are guilty of outright piracy as they view it. They do not go to piracy sites and download scripts. However, a newer controversial area still being regulated is script sharing. These sites (such as Scribd.com), many of which are not labeled as piracy sites as of August 2012, allow users to read, view, download, and even share already produced screenplays, among other written works.

In 2010, screenwriters looking to learn from successful screenplays to help them with their craft were rattled when Fox became one of the first to lay down the gauntlet, and brought a $15 million lawsuit against a kindly Grandma who uploaded a number of these scripts. In fact, Fox was trying to use that suit as a precedent to shut down all script sharing websites, calling it stealing. The suit ignited a controversy that expanded to sites like Google, Comcast, and Netflix, and is still unsettled as the big moneymakers now battle with the originators of the intellectual capital for who gets their fair share of the pie.

From the article: "Fox tries to shut down script-sharing websites."

All three of these controversies are complex and way more intricate than can be shared in a brief blog post. However, it is always a smart idea to think about how to protect your intellectual capital, right out of the gate. Your story ideas, screenplay treatments, scripts, and complete screenplays are your intellectual capital. It pays off in the end to make sure that you are covered legally, and that you understand what you are getting into before uploading any other person’s intellectual capital for free, possibly without permission, other than material already in the public domain. Even then, it also pays to stay abreast of all legalities regarding works of any kind.