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Category Archives: Intellectual Property

September 23

When Is a Story Too Similar? Lessons from the Avatar and Shape of Water Lawsuits

The same films that draw crowds to theatres are sometimes the subject of legal drama off the screen. Movie script lawsuits are nothing new, and they are certainly not going away anytime soon, but how exactly do courts determine if a script is too similar? Two recent Hollywood lawsuits, Ryder v. Lightstorm Entertainment, Inc. (concerning James Cameron’s Avatar) and Zindel v. Fox Searchlight, Inc. (concerning Guillermo del Toro’s The Shape…

September 09

Intellectual Property

Top 10 Missteps That Lead to Copyright Infringement for Screenwriters—and How a Lawyer Can Help

The 10 Missteps Screenwriters Must Avoid 1. Submitting Scripts Without Legal Protection A common first step for many screenwriters after they have completed their scripts is to send their work to studios, producers, or competitions. However, without proper early protection, screenwriters can be vulnerable to irreversible risks. Proving ownership or handling infringement claims can be personally and financially burdensome. Moreover, unsolicited scripts, especially those that are not properly protected, often…

September 08

Intellectual Property

Understanding Substantial Similarity: How Does it Impact Your Copyright Infringement Claim?

One of the most important bars that a potential copyright infringement lawsuit must overcome to be considered by a court is the test of substantial similarity. Substantial similarity is the level of resemblance at which an alleged infringement becomes valid, and the appropriated work in question is deemed to be derivative of a plaintiff’s copyright-protected material. It is often a requirement of substantial similarity that two works share unique and…

July 30

Intellectual Property

Generative AI vs. Copyright: The Fair Use Debate

Generative AI engines and large language models (LLMs) have increasingly gained traction, spurring necessary discourse about how exactly such innovations ought to coexist with the law. One particularly difficult issue is the case of intellectual property, as LLM platforms, and the methods used to “train” them, threaten the sanctity of copyright law. As policy debates over the structure of AI and copyright law continue to heat up, it’s important to…

July 28

Intellectual Property

Copyright, Patent, or Trademark? Understanding the Key Differences in IP Protection

Intellectual property protections are imperative to maintain an equitable and thriving marketplace of ideas, wherein individuals and businesses alike are properly accredited with their unique works, innovations, and creative endeavors. It can be challenging, however, to identify the appropriate classification of a particular type of intellectual property. Whether your IP requires a copyright, patent, or trademark, Miller Shah LLP has the legal expertise to ensure that your ideas are appropriately…

July 23

Intellectual Property

50 Cent’s Fight Over His Image Highlights Challenges in Copyright and Right of Publicity Lawsuits

Rapper and actor Curtis Jackson III, more commonly known by his stage name 50 Cent, is in the midst of a complicated legal attempt to prevent the use of his image and likeness in an upcoming horror movie. The film in question, “Skill House,” contains a brief appearance from Jackson that his attorney claims may harm his well-established and carefully maintained reputation in the entertainment industry. These assertions have generated…

June 30

Intellectual Property

Copyright Lawsuit Against Brie and Franco Raises Familiar Legal Risks in Film Industry

Copyright Lawsuit Against Brie and Franco Raises Familiar Legal Risks in Film Industry On May 13, 2025, StudioFest, a production company, filed a copyright infringement lawsuit against William Morris Endeavor Entertainment, LLC, Dave Franco, Alison Brie and others involved in the upcoming horror film, “Together.” The complaint alleges that the film, starring both Brie and Franco, was a “blatant rip-off" of a movie called “Better Half,” which was pitched to…

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