Well, the creator of The Clonus Horror sued over The Island. I don't think they borrowed any lines, but the plot similarity was enough that they settled the case for 7 figures.
But they actually made the movie. So they have copyright on all the filmed scenes of The Clonus Horror. As well as the script.
The most compeling aspects of the case were the similar cinematography in both movies.
Also there was an out of court settlement for seven figures. i.e. low million dollars which isn't very much especially compared to the legal fees and risk of a court ruling against them.
But they actually made the movie. So they have copyright on all the filmed scenes of The Clonus Horror. As well as the script.
The most compeling aspects of the case were the similar cinematography in both movies.
Also there was an out of court settlement for seven figures. i.e. low million dollars which isn't very much especially compared to the legal fees and risk of a court ruling against them.
I don't know that "Returning to the hellish realm of the South to purchase the freedom of his loved one(s) with the assistance of a Caucasian in the South" sounds all that "uniquely original" to me.
I don't think we agree on what a creative idea is then. In this lawsuit the idea is a written and published script. That's a creative work. It's his original idea and it being in a tangible form grants it copyright protection.
I don't think we agree on what a creative idea is then. In this lawsuit the idea is a written and published script. That's a creative work. It's his original idea and it being in a tangible form grants it copyright protection.
But Copyright only protects the words that are written in the script. They do not give protection to the overall idea.
If the story was so original and not derivative of any other story the proper IP protection would be a patent. But good luck coming up with a story that could meet those onerous demands.
I don't think we agree on what a creative idea is then. In this lawsuit the idea is a written and published script. That's a creative work. It's his original idea and it being in a tangible form grants it copyright protection.
Similarities have to extend beyond some plot/world building ideas. Shared lines of dialogue that go beyond common ideas, extensive shared camera shots without a different context of meaning . . . there are only so many stories to tell. The key to avoiding breaking copyright is making sure the details (dialogue, camera work etc.) are different.
But Copyright only protects the words that are written in the script. They do not give protection to the overall idea.
If the story was so original and not derivative of any other story the proper IP protection would be a patent. But good luck coming up with a story that could meet those onerous demands.