Season 2 Ep #2 Whose Movie Is It Anyway?

  • Season 2 Ep #2 Whose Movie Is It Anyway?

    What happens when someone believes a movie is based on their original idea? What sets one Zombie film apart from another? In this episode of IP Goes Pop! intellectual property attorney and host, Michael Snyder, is joined by his fellow shareholder at Volpe Koenig, Joseph Gushue, for a trip to a Hollywood writer’s room.

    Michael and Joe explore the intellectual property issues surrounding the stories that make it to the silver screen, and who really created them.

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1:42 What IP is involved when someone believes that their movie idea was stolen?

 03:00 Idea/Expression Dichotomy

 03:47 Merger Doctrine

          Merger of an “idea” and an “expression”

  • Blair Witch Project
  • Cloverfield

07:38 Scenes à Faire Doctrine - “that which must be done”

  •    “The wacky neighbor”
  • “The angry, gruff or clueless boss”
  • “First time in the big city/ fish out of water”


11:07 “Twin” Movies


19:07 Esplanade Prods. v. Walt Disney Co.

  •  “Looney” versus Zootopia
  • Animals in a “human” setting
  • But is that enough for copyright infringement?


27:09 Buchwald v. Paramount Pictures, Corp., (1990 Cal. App. LEXIS 634)

  • “King for a Day” versus Coming to America
  • Both stories of finding love in America
  • Kings with very different personalities



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