Dahopafilms
Well-known member
David Jimerson said:But Buchwald had written and optioned a full treatment which Paramount had possession of. And besides, the case was decided under contract law.
Ahhh. The forest and the trees problem.
Life is simple. Broken down into the "do it" or "don't do it" categories. The legal niceties are fun (and I deal in those every day and no, I can't afford my own billing rate), but from the front end treatment, it's really simple. Am I going to have problem by taking step "X" or not?
Of course we all know what Buchwald did. And he got a nice settlement from Paramount (and guess who had the deeper pockets). But what do we learn from that? Not what specific head of damages he would have won under had the appeal proceeded. Rather, should I take someone else's "stuff". Buchwald won at the end of the day (notwithstanding the Batman decision, decided later) - and copyright had nothing to do with it.
Bottom line: do the right thing.
Now I'm running off to try and write something original.