Have you ever had a great idea
for a movie but lacked the expertise (as well as the significant financial
means) to make it a reality, only to see that idea turned into an actual movie
by someone else? Not surprisingly, this happens quite often in
Hollywood. And, when it does happen and the movie is a financial success,
it often spawns lawsuits by those aspiring filmmakers who believe they have
been cheated out of their share of the millions generated by the movie.
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.