David Aronoff, Jeff Grant Examine Substantial Similarity in Idea Theft Cases with “Saving Inglourious Basterds”
Lathrop & Gage attorneys David Aronoff (Intellectual Property - Los Angeles) and Jeff Grant (Intellectual Property - Los Angeles) have published "Saving Inglourious Basterds: An Examination of the Role of Substantial Similarity in Idea Submission Cases" in the most recent edition of the Media Law Resource Center bulletin. The article examines the point at which a creator's work crosses the line so as to constitute "use" of a plaintiff's idea due to substantial similarities.
Mr. Aronoff has represented and advised numerous business entities - including motion picture and television studios, production companies, broadcasters, computer game companies, music publishers and advertising agencies - in a wide variety of disputes, many involving copyright, trademark, right of publicity, unfair competition, trade secret, false advertising and related issues. Mr. Grant regularly litigates all varieties of civil matters, including complex business, environmental, intellectual property and entertainment disputes. He has litigated a wide range of disputes concerning copyrights and trademarks on behalf of media companies, artists and producers.
Together the two authors have drawn upon that experience to examine a hypothetical inspired by Quentin Tarantino's 2009 movie Inglourious Basterds. "Assume that three years ago you had a meeting with the well-known director and producer Quentin Tarantino at which you “pitched” to him – i.e., submitted for his consideration – a detailed written treatment outlining your idea for filming a World War II drama very similar to Saving Private Ryan," Messrs. Aronoff and Grant write. "To be frank, the treatment that you gave Tarantino was not just similar to Saving Private Ryan, it was essentially the same story minus the title. Doubtless, dazzled by Tarantino’s celebrity and the thought of meeting this famous film auteur, in drafting the treatment for your meeting with Tarantino you overlooked the similarities between your idea and Steven Spielberg’s earlier film."
The authors then envision a scenario where a potential idea theft claim is precipitated by the release of Tarantino's film Inglourious Basterds, which at a high level of abstraction contains many elements that are similar to Saving Private Ryan. "Has Tarantino stolen your idea to produce a violent WWII drama concerning a dangerous mission in Vichy France? Could you prevail, or at least survive summary judgment, in an idea submission claim against Tarantino? What is the settlement value of your claim?"
The Media Law Resource Center – formerly the Libel Defense Resource Center – is a non-profit information clearinghouse originally organized by a number of media organizations to monitor developments and promote First Amendment rights in the libel, privacy and related legal fields.
Mr. Aronoff has handled numerous claims concerning popular entertainment works, such as Along Came Polly, There's Something About Mary and The Mask of Zorro. In addition, he has represented clients in commercial enterprises ranging from clothing manufacture to the turf grass sod industry. Mr. Aronoff is presently serving as a Trustee on the Board of the Los Angeles Copyright Society and has been a lecturer, panelist and moderator at numerous MCLE seminars. He was the Chairman of the Intellectual Property and Entertainment Law Section of the L.A. County Bar Association ("IPELS") in 2004-05, and in 2006 served as the Symposium Chairman for the 30th Annual IPELS Symposium "The War of the Deal: Litigation Hollywood Style."
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