Date uploaded: 2022-06-04 23:55:37
As fans have binged the first part of Stranger Things, a court battle is playing out behind the scenes over whether the Duffer brothers and Netflix copied pieces from an unpublished script for their hit series.
For years, Jeff Kennedy tried to turn his script -- inspired by his childhood in Indiana and his best friend with epilepsy -- into a movie. It never sold.
But watching Season 1 of Stranger Things, he came to a starting conclusion: “We were robbed.”
“One thing after the next indicated pretty quickly that they were using my material,” Kennedy said. In July 2020, Kennedy sued the creators of “Stranger Things” and Netflix for copyright infringement.
Copyright law was designed to protect original works. Yet the law is ephemeral. Ideas aren’t copyrightable, only their expression.
The vagueness is partly by design: Lawmakers and judges are wary of stymying innovation. But some question whom the laws are protecting.
It’s extremely rare to win a copyright lawsuit against a studio. If Kennedy wins, he'll be the first in decades to beat a major studio.
Artwork for Kennedy’s script, juxtaposed against still frames from “Stranger Things,” makes up the bulk of exhibits in the case. One shows monsters in both works, others show tunnels that are part of alternate dimensions in the show and script.
Some of the characters are allegedly similar, too, right down to their physical descriptions. In both works, a pre-teen girl with a shaved head and telekinetic powers creates a rupture between universes, letting a monster into the real world.
Attorneys for Netflix have argued against Kennedy's claims, calling them preposterous. “The truth is the show was independently conceived by The Duffer Brothers, and is the result of their creativity and hard work.” The first part of Season 4 premiered last week, with the second coming July 1.
“The vast majority of these cases frankly don’t have merit,” said attorney Robert Rotstein.
"A lot of people without experience in the area will say ‘Hey that sounds real similar.’
