Hastings Communications and Entertainment Law Journal


Kelly Rem


This article argues that the current scope of idea protection in the film industry favors writers over producers. By undervaluing the rights of the producers, the current state of the law could have a chilling effect on film production that is damaging to society as a whole. Requiring a showing of a common element between a writer's work and a producer's alleged copy of the writer's work, and presenting a similarity of subject matter and story line, will strike a better balance between these competing interests.