lazypadawan (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
lazypadawan) wrote2010-07-08 02:32 pm
lazypadawan) wrote2010-07-08 02:32 pm
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Hayden: Yo, "Royal Pains" Was MY Idea!
Hayden Christensen and his brother Tove are suing USA Network, claiming the show "Royal Pains" ripped off an idea they pitched in 2005 for a show called "Housecalls." The Christensens claimed they pitched a show about a doctor whose clients are the rich and famous to USA execs, while "Royal Pains" is about a couple of brothers who serve the wealthy residents of the Hamptons.
http://www.theforce.net/latestnews/story/Hayden_Christensen_Suing_The_USA_Network_132425.asp
Now let's call in our legal expert, lazypadawan. In these kinds of cases, the plaintiff must make a prima fascie showing that the defendant had access to the material or idea. Once the plaintiff does that, the defendant must prove it did not use the plaintiff's material or ideas and that the show, movie, song, or whatever was developed independently and/or the end product is substantially different from the plaintiff's idea.
As you might have figured out, if the Christensens pitched the show to USA as they said and can prove it, they'll easily leap over that initial hurdle. I think what's key here is the brothers' claim that their show was about a "concierge" doctor who goes to their clients' homes instead of an office, which is one of the things about "Royal Pains" that separates it from other medi-dramas. It will then be up to USA to prove its show was somehow purely a coinkydink. Or settle ASAP.
http://www.theforce.net/latestnews/story/Hayden_Christensen_Suing_The_USA_Network_132425.asp
Now let's call in our legal expert, lazypadawan. In these kinds of cases, the plaintiff must make a prima fascie showing that the defendant had access to the material or idea. Once the plaintiff does that, the defendant must prove it did not use the plaintiff's material or ideas and that the show, movie, song, or whatever was developed independently and/or the end product is substantially different from the plaintiff's idea.
As you might have figured out, if the Christensens pitched the show to USA as they said and can prove it, they'll easily leap over that initial hurdle. I think what's key here is the brothers' claim that their show was about a "concierge" doctor who goes to their clients' homes instead of an office, which is one of the things about "Royal Pains" that separates it from other medi-dramas. It will then be up to USA to prove its show was somehow purely a coinkydink. Or settle ASAP.
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A lot of these kinds of lawsuits are filed by people who will claim someone with a hit movie, t.v. show, book, or song somehow ripped off some obscure work by some obscure person. They have a tough time winning their cases because they often cannot prove the defendant had access to their ideas or their work.
But then you have cases like the one filed by the late Art Buchwald against Paramount, claiming it stole his script treatment and released it as "Coming To America" without crediting him or paying him. Buchwald won. You can read about it here:
http://en.wikipedia.org/wiki/Buchwald_v._Paramount