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Sh*t! That's my idea! What To Do When Hollywood "Steals" Your Baby.

o PICKPOCKET facebookIf you're doing it right as a writer, you're channeling the societal gestalt and the world in general in which you live both locally and globally.  At this moment in time, you're observing the situations taking place societally, politically, culturally, internally, and also exploring the past as things become apparent to you.   Movies and TV are reflections of our world but they also serve to show us truths from the past that cause us to explore further.

This is all to say that what you think is some sort of Hollywood conspiracy is just the hard, cold facts that there are a lot of writers out there processing the same information as you - and then they are writing that information into articles, scripts, novels, etc.  You shouldn't be surprised if more than one person has your idea and has written it.

But you also never capitulate to those "thieves."

shakespeares monkeyI'm going to pass on three experiences, quite different, by which I learned that even concepts that have "been done" have validity for you to finish.

Firing up the WayBack machine for this one...

I interned for an agent.  This was back in the day where we had paper scripts.  So I had to actually drive (the horrah!) to the agent's L.A. location, pick up 10-12 scripts, read them and do coverage each week then drive them back, pick up a new batch, etc..

One batch of projects the agent was considering had three different scripts about crazed simians.  Monkey's Gone Wild.  I was wondering if I'd missed the memo about writing an ape script or something.  How had three writers, from different parts of the world, suddenly decided to write about atomic monkeys - or alien monkeys - whatever they were.  Just weird, yeah?  I thought so.  What it showed me was that something was creating a common experience and writers were responding to it.  Maybe there was an episode of the X-files and it sparked a monkey-driven thought in many people and some went out and wrote about it.  Maybe a new science discovery.  Maybe just a bunch of people looked around and said, "Huh, I'm not seeing any crazy monkey movies - maybe I should write one.

The point is life and situations influence us all.  The scripts I read were different enough but the theme about crazed monkeys was in all of them.  I think that I recommended only one to the agent.  I still remember a lot of it.  But if that writer had known that someone (or someones) were writing a similar script, they might have given up on theirs.

*Do not give up* will be a recurring theme of this article.crow

Again, in my earlier days, before I had sold a lot of scripts, I saw an article about how the FBI was being asked to help in Russia with gangsters that had sprung up and become more emboldened by the fall of the old Soviet Union.  They were killing rivals in the streets circa Chicago in the 20's.  I instantly saw this as a way to do "The Untouchables" in Russia. My previous scripts were mostly scifi so this was a chance to do a "big boy" topic.  I flew to it!

Google wasn't such a big thing in those days (or at all) so I dutifully purchased, borrowed, swiped as much info as I could.  I bought a large map of Moscow (quite a lovely city it seems) and pasted in up on my bookshelves so that every day I could gaze upon it and learn its topographical secrets.  I quickly absorbed customs, mores, language, etc. to get a sense of what I was trying to send my main character into.  I watched every Russian-based film I could including "Gorky Park" a few times to get the feel of how a film there might look, feel.  Then I started the script and wrote a brilliant (aren't they always?) twenty pages.

xN83wlqpAn article in Variety that week wrecked me.  It casually mentioned that a "fast-track" film about the FBI in Russia was about to start.  They (I think it was Paramount or 20th Century) wanted to get the film in and out of production as soon as possible - faster even than a Hollywood agent's money hand. They were going to devote millions of dollars to getting this film in the theaters and they had already signed a dozen A-list people to the project.

I had no shot.  Or so I thought.  I folded my map (literally and metaphorically) and moved onto the next project.

That film is called...nothing.  It never got made.  In fact, who knows what happened to the script when it went into eventual turnaround.  In fact, I did a quick Google search (Google is now my bestest friend) and found nothing on it.

My point, and the point of this article, is that I should have continued writing and finishing the script at that time (I've done that since and am marketing it as we "speak") And now I might be able to take advantage of the buzz surrounding the announcement of Russian interference in the recent elections.  I can re-purpose the script to more reflect today's realities.

But if I had just finished it then, at the time I envisioned the script, it would have been uber-topical and probably have gotten me some meetings at the very least and served as an excellent writing sample.  It would have revealed a lot of (hopefully) good things about me as a writer at that time.  It might have even made my agent happy - all right, let's not get crazy.  But he might have harumphed in a less condescending tone.

monkey revengeSo.  Finish.  Your.  Script.  Finish it!

But what about when you see your idea actually on the screen?  Isn't it too late then?

Happy I pretended you asked.

Let's fire up the Way-Back Machine once again to a time where a young writer was the darling of the indie prodcos and he was selling and writing more than most.

I had this script - a great one (and aren't they all?) about an...okay, so I won't get specific - it's a small town and I don't know who might be reading this.  Anyway, a producer I knew loved it.  I promised it to him/her (the pronouns will remain anonymous to protect my career.)  But, another company read it and loved it too.  And they were willing to pay me a lot of money to buy it.

Being the basically decent guy I can be at times, I went to the first producer and asked if he/she would release me from my promise.  Nope, couldn't, wouldn't.  Shit.  So I reluctantly told the film company it wasn't for sale.  As mentioned, at that stage in my career I still did have some honor and moral fiber - dumbass that I was.

What was my reward for my good deed?

The film company took the concept, hired another writer, made the film.1455910493764

And the producer I had promised it to was out of the business before he/she did anything with my script but it took long enough so the concept and script was now deader than   ?

Shit!

Yeah, we all know you can't copyright a concept.  But this was different.  The film company had read my script and blatantly ripped it off.  That happens more than anyone likes to admit (and has happened four times to me) and when it happens to you you're thinking lawsuit.  Not in this town.  You can't be known as a litigious person or no one will take a meeting with you.  Now maybe if the resultant film has grossed BILLIONS I might have chanced my career in litigation.  But not for a B-movie that maybe made its budget back.

manSo what did I do in this case?  Nothing.  I'm still marketing that script and it's still getting me meetings although no one has stepped up to buy it yet.  I know someone will someday.  I can wait.  I've come to learn that your film career should be a marathon not a sprint.  So I'm pacing myself more and running after brass rings less.  I'm still competitive as hell but I've learned moderation and (hopefully) some common sense.

So stay the course.  There's been many times when similar concepts have done well.   No one has your take on your script (unless they steal it) so your voice, your unique way of handling something, will always be your strength.

All is no lost simply because a concept which you thought original is suddenly being marketed all over town.

On the flip side of that is my other sense which is I always have more ideas than time to write them so I'm not at all opposed to dropping something and starting a new project.  If you only have once idea, one script you will find the going difficult.

So, what to do when "imitation becomes the sincerest form of flattery?"

1) Nothing.
2) Not much.3) Very little.
4) Repeat and rinse.

As the wise men once said "pick your battles."  Once you litigate you will be branded.  Certainly some will understand but not all; and as slim as markets can be for writers, even professional ones, you don't want to self-limit your opportunities.

Get mad, get over it and then get even by selling that next script and/or the one that was "lifted" by re-imagining it.  Hollywood is not anything if not derivative and there is almost always another way to "skin the cat" (not Save The Cat - see what I did there?) 

Yeah, yeah - not clever by half.  I will get over myself someday.

I hope some of this has helped - I'm sure every writer who has worked in this business for a few years has these types of war stories.

If you're lucky (which means you're good enough to be ripped off) you will have these experiences too.

BUT...as with all legal matter: CONSULT WITH AN ATTORNEY - don't take advice from a website even this one!

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About the author

Mark Sevi

Mark Sevi

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Mark Sevi is a professional screenwriter (32 scripts sold, 19 movies produced) and scriptwriting teacher through Southern California community education.  He is also the founder of the OC Screenwriters Association.

 

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