California Entertainment Media Copyright And Substantial Similarity Litigation
You may have spent years building a book, script, treatment or cast of characters. Then, a studio, streamer or publisher turns your story into a hit, but no one asked you and no one paid you. How do you stop them from unfairly profiting off of your ideas?
Turn to me, attorney Gary Fergus. I founded Fergus, A Law Office, in 2001 to help established authors, publishers and creators pursue high-value California copyright claims in Los Angeles and San Francisco. I fight for my clients, leveraging insight gained in my 40-plus years of trial work, over 125 weeks in court, and experience as a senior trial partner role at a top national firm. I am also AV Preeminent* peer-review rated, the highest rating, through Martindale-Hubbell.
How Does Substantial Similarity Shape The Claim?
Entertainment copyright theft seldom appears as a word-for-word copy. In substantial similarity copyright law, the harder question is whether the new film, series or media project appropriated protected expression from your work. That may include plot structure, character frameworks, sequence, setting or the core dramatic design.
I will compare plot arcs, sequence, key characters, settings, scenes and the core dramatic frame. As an experienced California copyright infringement lawyer, I can look past surface changes and test whether the project used your protected expression to earn revenue.
Evaluating The Revenue Behind The Claim
A major claim must make business sense. A small use may not justify expert fees, discovery and trial work. Stronger claims often involve:
- Film, streaming, publishing or license revenue
- National or global reach
- Lost profits, lost license value or market harm
- Defendant gains shown by records
This high bar protects your time and money. It also filters out media asset misappropriation claims that cannot support litigation.
Auditing The Studio Profits Before Trial
A studio, platform or publisher case may require copyright damages valuation, records, expert review and profit tracing. Trial prep may focus on lost license value, the other side’s profit and the money trail behind the project.
In In re Literary Works in Electronic Databases, MDL 1379, I served as co-lead counsel and executive committee member. That global class action for freelance authors resolved for more than $18 million. I have also handled post-trial settlements recovering $1.2 billion, $750 million and $250 million.
Contact A California Entertainment Litigation Attorney
If a studio, streamer or publisher used your creative work in a high-revenue production without authorization or compensation, call Fergus, A Law Office at 866-256-5487 or use my contact page to reach my firm online. As your entertainment litigation attorney, I will review the works, revenue and proof, then tell you whether the case supports serious litigation.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.