Okay.. here’s a fun one (Ben, are you listening?)
So, we all know that there was movie called “Snakes on a Plane”. Let us assume that Joe Schmoe also had a screenplay called “Snakes on a Plane”, and while it had snakes and a plane, it was otherwise, a totally different story.
Let us assume that the screenplay for the unmade film was copyrighted first, but that the writer of the other (hit film) “Snakes on a Plane” had no idea there was ever an unmade screenplay with the same name.
SO.. now there is a guy with a screenplay that the filmmakers never knew about, but he knows his copyrighted screenplay predates the film. Does he have a case?
There Is No Case
You can’t copyright a title. Thus, there is no case, because if the story and material are totally different, then there is no crossover of material to even constitute infringement.
Now, if the material does have some slithery similarity (ding!), there is a case to be made, because there is a landmark suit in which a hit song was successfully sued from material that predated and preexisted prior to the hit song being written. Furthermore, the songwriters lived in different countries and could never have met each other. I forget the case, of course, so I’m not much help. I remember reading about it during my law school stint.
Hypothetical..
The issue becomes how “high concept” the film (and title) is. Certainly any film with snakes and a plane are going to have similarities.. but in my hypothetical, they are clearly different films with different tones and different plots. Is there a case?
Now certainly, if someone made a film and called it “Snakes on a Plane” today.. it would be based on the preexisting brand..
hrm…
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Scary
The first author should thank his lucky stars that his name won’t be forever fouled by such a movie. I just saw that movie a couple of weeks ago. Like passing a car accident, I just couldn’t look away; everything about it was just sooo bad. I plan to see Godfather next week (for the first time) as penance.
Godfather 3
Godfather 3 is penance, mostly.
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The heart of the matter
I agree, Daniel. My biggest problem with Snakes on the Plane, what infuriated me, actually, was how the Snakes kept trying to shove their noses into the business of the common American citizens on said plane, who were just trying to live their own lives according to their own independent and natural law.
Meanwhile, of course, the Snakes were like “Screw your natural law! WE’LL decide when you get up to go the bathroom and when you don’t, or when you can buckle your seatbelt and when you’re free to move about the cabin, or when you can be alive and when you can die a hideous poison-filled death. We’re @(#$% SNAKES, so we know what’s best for you.”
Damn snakes trying to tell me what to do… And of course the good guys weren’t much better. “Sure, there’s an antidote, but it has to be provided by a recognized governmental authority!” The passengers would have been so much better off had they had their option of competing antidotes to choose from. Not to mention the fact that I wouldn’t then be stuck with some @(#$% antidote-for-toxic-snakes-tax, because you KNOW that the cost for the cure came out of… whose pocket? That’s right. People like you and me, my friend.
I’ve had it with those @(#$*% snakes in that @*#($% plane.
Rowan..
You are my hero. Wow.
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En guard
Careful, Rowan, I might have to challenge you to a duel this Saturday. (Couldn’t find you last month….)
Wha wha wha?
Dude, are you implying that you’ve been to and are planning to return to PA Renn Faire? Because if so, my god man, why didn’t you say so earlier? 😛
If such is the case, you can find me playing Sir Tobias Turner, and I’m in a bunch of the shows. And there IS a fight circle…