To Sue, or Not to Sue: That is the Question of Copyright

January 1, 2009
Written By, the magazine of the Writers Guild of America, West

Jeffrey Kravitz was quoted in the article "To Sue, or Not to Sue: That is the question of copyright," which appeared in the January edition of Written By – the magazine of the Writers Guild of America, West.

Author Sandra Berg discusses when writers should bring lawsuits against studios for copyright infringement and explores what determines original authorship and what can be protected.

Kravitz, who has handled several such cases, "believes that writers should sue only if there are ‘sufficient, unique factors that they know have been taken. If for example, you write a cowboy movie, odds are you're going to have somebody on a horse with a white hat. That's called scene a faire. It is something so common that it simply goes with the territory. Ideas are not protected. The majority of expressions are not protected. So just because somebody has a cowboy on a horse with a white hat doesn't mean they've stolen anything that's protectable.'"

To read the full article visit http://www.wga.org/writtenby/writtenby.aspx (subscription may be required).