But, what happens when the movie is not a blockbuster or even fails to break
even? Does it still lead to litigation? You bet it does.
In the case of the movie "Elysium," a movie written and directed by Neill Blomkamp (of "District 9" fame), a teacher's aide at Sequoia High School in Redwood City, California, Steve W. Briggs, is convinced that Mr. Blomkamp stole the idea for his movie and his screenplay titled "Butterfly Driver." Briggs is so convinced that he filed a lawsuit in California Northern District Court (Case Number: 4:13-cv-04679-PJH) naming Blomkamp, Sony Pictures Ent., Inc., Tristar Pictures, Inc., Media Rights Capital and QED International.
So, how did Blomkamp allegedly get ahold of Butterfly Driver? Briggs claims he registered his script with the WGA-West in December of 2005 and then in February 2007 he posted a copy of it in its entirety to the screenwriting website TriggerStreet.com. Bad idea? Maybe. Briggs is convinced that Blomkamp accessed his script on TriggerStreet and used it as the basis for his own. According to Briggs' complaint, there are numerous similarities between his script and Mr. Blomkamp's movie. If he's right on both counts and he can prove that (a) the defendants had access to his script, and (b) there are substantial similarities between the script and the movie, then he may have a valid claim to a share of the movie's profits.
However, Elysium cost $115 million to make and was only moderately successful in the United States, bringing in roughly $92 million in revenue. Why sue for copyright infringement on a losing venture? Well, overseas ticket sales brought in an additional $272 million and, if you're a high school teacher's aide in a small, California town, this may be your only chance at a big break in Hollywood.
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