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[bananafactory]

http://www.hollywoodreporter.com/thr-esq/joss-whedon-lionsgate-hit-copyright-788854

With just weeks until his box-office victory lap for Avengers: Age of Ultron, Joss Whedon is now facing a lawsuit accusing him of stealing the idea for the 2012 meta-horror movie The Cabin in the Woods.

Whedon produced and co-wrote the script for Cabin with director Drew Goddard, a writer on Whedon's Buffy the Vampire Slayer and a fanboy favorite in his own right, with credits that include Netflix's Daredevil (and reportedly may soon include Sony's upcoming Spider-Man projects). Whedon and Goddard are named as defendants, along with Lionsgate and Whedon's Mutant Enemy production company, in the complaint filed Monday in California federal court.

In the complaint, Peter Gallagher (no, not that Peter Gallagher) claims Whedon and Goddard took the idea for The Cabin in the Woods from his 2006 novel The Little White Trip: A Night In the Pines. He's suing for copyright infringement and wants $10 million in damages.

Gallagher is basing his claim on the works' similar premises: Both feature a group of young people terrorized by monsters while staying at a cabin in what is revealed to be (spoiler alert) a horror-film scenario designed by mysterious operators. Read the full complaint.

More at the link.

Seems just like someone trying to capitalize on the film's success, I'm not convinced the premise is entirely unique enough to have been impossible for two people to both come up with the same idea.

Still, I'd be interested in looking into that novel to see just how detailed some of the similarities are.

 

[xxracerxx]

Why did it take 3 years to bring this lawsuit about?

 

[NotTheGuyYouKill]

Why did it take 3 years to bring this lawsuit about?

I was just about to ask that myself

 

[bananafactory]

Why did it take 3 years to bring this lawsuit about?

Exactly.

 

[ppor]

Why did it take 3 years to bring this lawsuit about?

Money

 

[Foggy]

Why did it take 3 years to bring this lawsuit about?

Ask yourself this again in a couple weeks.

Homeboy'll probably get a pity settlement and everyone will move on.

 

[WyndhamPrice]

Why did it take 3 years to bring this lawsuit about?

Because it wasn't ready in time for the first Avengers press tour

 

[ivysaur12]

In the complaint, Gallagher describes how he self-published the novel and “began grassroots efforts” to sell it on the Venice Beach boardwalk and on Santa Monica’s Third Street Promenade. "[The defendants] currently reside and operate out of Santa Monica, California, a short distance from where the Book was sold," the lawsuit claims.

loooooool

 

[DMczaf]

Seems just like someone trying to capitalize on the film's success

Whedon And Lionsgate can just spot him the $25 to avoid this drawn out legal battle then.

 

[BronsonLee]

Whedon stole this man's grassroots novel!

 

[True Savior]

Any of you read his book ? Or are you just mocking him out of ignorance of his claim ?

 

[bananafactory]

loooooool

That blogspot page tho

http://thelittlewhitetrip.blogspot.ca/

"Grassroots"

 

[Brakke]

Why did it take 3 years to bring this lawsuit about?

not that many people saw this movie.

maybe dude's nephew told him about it while the family was together for Easter.

 

[ZackieChan]

Why did it take 3 years to bring this lawsuit about?

There's a 3 year statute of limitations for copyright infringement. It is probably coming up soon, so it's do or die time for this lawsuit.

It's possible it just took a while to find a lawyer to do it on contingency or to do it at all.

These kinds of lawsuits are pretty common, but don't usually end well for the plaintiff or they end up settling. See, Avatar, God of War, The Hurt Locker, etc.

 

[ivysaur12]

Any of you read his book ? Or are you just mocking him out of ignorance of his claim ?

It sounds like no one has read his book.

 

[Sephzilla]

Why did it take 3 years to bring this lawsuit about?

came to post this

 

[Kinyou]

Gallagher is basing his claim on the works' similar premises: Both feature a group of young people terrorized by monsters while staying at a cabin in what is revealed to be (spoiler alert) a horror-film scenario designed by mysterious operators. Read the full complaint.

I don't quite believe that his 2006 novel would be the first one ever to do this premise.

 

[bananafactory]

It sounds like no one has read his book.

I'm sure Joss often frequents the beach, pretty obvious he had a copy of this on his bedside table

 

[ppor]

This is the same thing with patents, you wait the maximum amount of time for the "infringing" party to make money off the property, then file a lawsuit to extract as much of the spoils as you can.

If you strike too early during production, you might get a piddly licensing deal. It could also just encourage them to change the script while filming to avoid infringement, leaving you with nothing. Strike during year 1, and you lose out on profits from years 2-3.

 

[ZackieChan]

I'm sure Joss often frequents the beach, pretty obvious he had a copy of this on his bedside table

They just need to show access or that access was likely, which may be problematic, since it didn't receive wide distribution. Having it sold by hand in the same town is really stretching the limits of credulity with the access argument.

 

[Archaix]

I don't quite believe that his 2006 novel would be the first one ever to do this premise.

People have a real hard time understanding that others exposed to the same things you're exposed to may very well come up with the same ideas that you do. Nobody's as unique as they'd like to believe.

 

[True Savior]

It sounds like no one has read his book.

The same amount of people who saw Firefly.

It doesnt make is claim less true or false.

Maybe he saw the movie yesterday. I saw it like 2 months ago. But i haven't wrote anything similar.

 

[ZackieChan]

This is the same thing with patents, you wait the maximum amount of time for the "infringing" party to make money off the property, then file a lawsuit to extract as much of the spoils as you can.

If you strike too early during production, you might get a piddly licensing deal. It could also just encourage them to change the script while filming to avoid infringement, leaving you with nothing.

This too!

People have a real hard time understanding that others exposed to the same things you're exposed to may very well come up with the same ideas that you do. Nobody's as unique as they'd like to believe.

That's why access is an element in copyright infringement. Independent creation is totally fine, as long as you didn't have access to the other work when you created your substantially similar one.

 

[Dabanton]

You can read the free ebook version here.

http://www.scribd.com/doc/158038655/The-Little-White-Trip-a-night-in-the-pines#scribd

 

[ivysaur12]

The same amount of people who saw Firefly.

It doesnt make is claim less true or false.

Maybe he saw the movie yesterday. I saw it like 2 months ago. But i haven't wrote anything similar.

The chances that Joss Whedon or Drew Goddard were on the promenade (already sort of not quite likely) and happened to be there the same time that this man was selling his self-published book (again, unlikely), and then bought that book and then read that book and then was so inspired by that book that they decided to steal it and use it as the plot for their movie is so out of the realm of possibility that it makes the whole thing seem nothing more than a publicity stunt before Avengers 2 comes out.

 

[Cade]

You can read the free ebook version here.

http://www.scribd.com/doc/158038655/The-Little-White-Trip-a-night-in-the-pines#scribd

Thanks, I was vaguely curious but not money curious.
--

I really liked CITW, gonna read this and see if there's any merit here. I doubt it.

 

[bananafactory]

You can read the free ebook version here.

http://www.scribd.com/doc/158038655/The-Little-White-Trip-a-night-in-the-pines#scribd

I tried, but it wants me to sign up.

Edit: NVM just noticed you can view it on the page without downloading

lol I can imagine Joss reading this line (pg 188)

"But if it was, and this guy did kill his family here, besides being a creepy place to stay at,there’s no way we’d still be in danger. Do you really believe this guy has been living in the woods for months watching his cabin? Fuck no – no way"

in the woods

cabin

 

[Dali]

Based on comments ive read in the past a lot of people were saying it was basically an episode of Buffy that had been turned into a movie. Never watched Buffy so I don't know what episode or when it first aired.

 

[Cade]

I tried, but it wants me to sign up.

Just close the ad and keep reading. Worked for me. Not that it's worth reading so far...

 

[mjc]

Just breezing through to the end end of the novel, it's a pretty different ending from the movie. They'll settle out of court for peanuts and be done. What a joker.

 

[bananafactory]

Based on comments ive read in the past a lot of people were saying it was basically an episode of Buffy that had been turned into a movie. Never watched Buffy so I don't know what episode or when it first aired.

First one that comes to mind is when Buffy is left alone in a house with a vampire that attacks her but it turns out to be a monitored test set up by the Watcher's council to see if she's worthy of the Slayer title or something like that

 

[adamsappel]

I doubt this case has any merit. Simultaneous inspiration happens all the time. I had been working on a novel for about a year, with a unique plot conceit. I was on the subway to work one day and noticed a full-page ad for a book on the back of someone's newspaper. It was (vaguely) the same idea, and all my work was for naught.

 

[Dali]

First one that comes to mind is when Buffy is left alone in a house with a vampire that attacks her but it turns out to be a monitored test set up by the Watcher's council to see if she's worthy of the Slayer title or something like that

I just did a quick google search and maybe I'm interpreting it wrong. Could be everyone is saying it's like an episode of Buffy in the sense that it's very Buff-esque but not copying an existing episode.

 

[Squirrel Killer]

*sniff* *sniff*

Smells like a cash-in attempt based on a few superficial similarities, not unlike the Nancy Stouffer v JK Rowling bullshit suit.

The similarities noted in the complaint are due to the fact that both are playing off of standard horror genre tropes.

 

[Cade]

Just breezing through to the end end of the novel, it's a pretty different ending from the movie. They'll settle out of court for peanuts and be done. What a joker.

Yeah, this is similar but not THAT similar. The concept is totally different, but at face value there are a couple of shared ideas.

 

[Kai Dracon]

I find this kind of funny since Whedon and Goddard pretty obviously took a majority of the inspiration for Cabin in the Woods from their own work. Aspects from Buffy (The Initiative), Dollhouse, and such are pretty much obvious in both the script and the way the movie is visualized.

Plus since everything is a remix, the concept has long been seeded in pop culture by The Truman Show and before that, Candid Camera.

 

[evilromero]

Timeline would make sense. I imagine CitW needing three to four years from pre-pro to post, in which time the book would have been well established.

 

[bananafactory]

I just did a quick google search and maybe I'm interpreting it wrong. Could be everyone is saying it's like an episode of Buffy in the sense that it's very Buff-esque but not copying an existing episode.

That's more likely and is indeed correct, if you just threw in some vampires and SMG it would feel very much like an R rated Buffy episode, the humour and dialogue/tone are very similar.

But who are we to deny the quiet genius of Peter Gallagher

 

[Cymbal Head]

Having a similar premise means exactly nothing when it comes to copyright.

 

[commedieu]

Based on comments ive read in the past a lot of people were saying it was basically an episode of Buffy that had been turned into a movie. Never watched Buffy so I don't know what episode or when it first aired.

its not..that..unique of an idea... staged horror in a cabin.. with young virgins..

If the Gaye family can claim a W though, based on that nonsense.. sure.. why not..? Hell i think I came up with an idea for a robot man once too.. maybe ill sue Genysis.

 

[Dali]

its not..that..unique of an idea... staged horror in a cabin.. with young virgins..

If the Gaye family can claim a W though, based on that nonsense.. sure.. why not..? Hell i think I came up with an idea for a robot man once too.. maybe ill sue Genysis.

So this huge vault of every mythical creature and monster used for the sole purpose of a virgin sacrifice to keep cthulu from awakening in a joint black ops effort from every country is well-tread ground? I've heard of boiling something down but you just described knight rider as a show about a guy with a car.

 

[Slime]

I love how the only evidence of this ever existing is a Blogspot page registered in 2013, a PDF link from 2013 with a foreword claiming it was written in 2006, and a bunch of news articles from the last 24 hours.

 

[Escape Goat]

I hope he has a long list of similarities because the plot isn't going to be enough.

The Island, on the other hand, was definitely copied from The Clonus Horror.

 

[Robin64]

A couple of shared ideas? Big deal. Everything does that. You're not a special snowflake when you think something up, someone else will too. It's what you do with that premise that sets you apart.

And while Cabin in the Woods was about

Spoiler

old ones and sacrifice and the end of the world

, the book is about

Spoiler

a reality TV show.

Quite different.

 

[borghe]

yeah... similar premise means nothing in copyright law. Unless he can prove that the actual story itself was used/adapted for the movie (actual characters, events, etc) he doesn't have a winnable case.

With that being said.. I am certain neither Whedon nor Lionsgate care. And to be frank I'm sure the dude doesn't care either. This is clearly about a settlement.. and Whedon and Lionsgate will probably not care giving him $10-50K just to get rid of this.

Pretty scummy really on this guy's part... but tis the world we live in. Lawyer up against a rich dude over something they really don't care about, collect your settlement money (after his lawyer gets his cut)

Any of you read his book ? Or are you just mocking him out of ignorance of his claim ?

by the suit's and author's own words... the similarities end at "premise". Premise alone is not enough to prove plagiarism. IF Whedon were to actually have read the story, and then created the movie in such a way that nothing identifiable from the story was used outside of the premise, that alone is enough to avoid plagiarism.

I just glanced through the ebook. There is nothing in there that screams "oh man.... Whedon what did you do?!?" Similar-ish... but way too tough to call given the difference in quality. Are the differences there because they were fleshed out more, or there because given a similar premise Whedon is just a much better writer?

 

[vio]

Time for Clive Barker to sue. Not fooling anyone Whedon, not with those slight redesigns.

Spoiler

derp

 

[mre]

The same amount of people who saw Firefly.

It doesnt make is claim less true or false.

Maybe he saw the movie yesterday. I saw it like 2 months ago. But i haven't wrote anything similar.

Read ZackieChan's posts for an explanation of the legal problems with his claim. Primarily the uphill battle he's going to have showing that Whedon et al had access to his book.

 

[super-heated plasma]

I doubt this case has any merit. Simultaneous inspiration happens all the time. I had been working on a novel for about a year, with a unique plot conceit. I was on the subway to work one day and noticed a full-page ad for a book on the back of someone's newspaper. It was (vaguely) the same idea, and all my work was for naught.

I feel your pain bro. I once was over 300 pages into a novel. One day I go to the bookstore and look at the new release section. One book catches my eye so I read the jacket. Almost the same exact plot I was writing. I was very sad that day. 300 pages down the drain.

 

[borghe]

Time for Clive Barker to sue. Not fooling anyone Whedon, not with those slight redesigns.

Spoiler

derp

lol... I wonder if Whedon had not made it an homage but actually used the Pinhead design and thrown Barker some money if it would have happened

Still clever.. but actually having Pinhead (or anything else meticulously recognizable) would have been awesome.

 

[Chunky]

This will put some miles on you ... Even if you love the voyeuristic thumbs-down from your coliseum seat … the adrenalin swilled gut with cookie crumbs on your belly, safe at home, this is not one of those stories. It’s not only the characters, long since passed from this hellish night, who have to deal with the experience, but also your burden to find a place to Put everything inside you that feels so conflicted and backwards. And for that, I am sorry …. but you can’t say I didn’t tell you so

I shouldn't be surprised every time one of these cases happens, the offended party always end up being shit writers. It is funny though.