The Genesis of a Dispute
This case delves into the legal battle between screenwriter Barry Spinello and Amblin Entertainment, the production company headed by renowned director Steven Spielberg, over the film “Small Soldiers.” The film, which featured militaristic action figures coming to life, was released in 1998. However, its journey to the big screen was marred by allegations of idea theft.
Barry Spinello, a seasoned figure in the film industry with experience as a producer, writer, and director, penned a script titled “Adrian and the Toy People.” In a bid to see his work produced, Spinello, through his agent, submitted the script to Amblin Entertainment. The script was returned, indicating Amblin’s lack of interest in the project.
A Glimmer of Hope and a Second Submission
A year later, Spinello encountered Alan Davio, a cameraman who had worked with Spielberg. During their conversation, Spinello shared details about his script and even showed Davio some illustrations he had created for potential animated sequences. Spinello interpreted Davio’s reactions as a sign of interest from Spielberg himself. Buoyed by this belief, Spinello, again through his agent, sent another copy of “Adrian and the Toy People” to Amblin.
This time, Amblin responded differently. An executive from the production company informed Spinello that they would only review his script if he agreed to sign their standard submission agreement. This agreement, a common practice in Hollywood, contained a crucial element – an arbitration clause. This clause, if enforced, would mean that any disputes arising between Spinello and Amblin would be settled outside of court, through a process known as arbitration.
The Arbitration Clause and Its Implications
Arbitration clauses are a common feature in various contracts, not just in the entertainment industry. They offer a way to resolve disagreements outside of the often lengthy and expensive court system. In essence, parties agree to present their case to a neutral third party, the arbitrator, whose decision is typically final and binding.
Spinello’s agent, recognizing the standard nature of the agreement, advised him to sign it. Following his agent’s counsel, Spinello signed the submission agreement and sent it back to Amblin along with a fresh copy of his script. Despite his efforts, Amblin, after reviewing the script, rejected it once more.
The Release of “Small Soldiers” and Ensuing Legal Action
Undeterred by the rejections, Spinello continued to circulate his script, sending it to approximately seventy other studios and producers in Hollywood. Two years later, news broke that Amblin had acquired a script titled “Small Soldiers.” The press coverage led Spinello to believe that this new acquisition was suspiciously similar to his own work, “Adrian and the Toy People.”
Armed with this conviction, Spinello filed a lawsuit against Amblin Entertainment, Steven Spielberg, and Universal City Studios. His claim centered around the allegation that Amblin had unfairly utilized the ideas presented in “Adrian and the Toy People” for their upcoming film, “Small Soldiers.”
The Battle Over Arbitration
Amblin’s response was to invoke the arbitration clause that Spinello had signed as part of the submission agreement. They argued that based on this clause, Spinello’s claim should be heard and decided not in court but through arbitration.
The initial response from the trial court went in Spinello’s favor. The court deemed the arbitration clause in the submission agreement as “unconscionable.” This essentially meant that the court found the clause to be overly one-sided and unfair, thereby denying Amblin’s motion to compel arbitration. However, this was not the end of the legal battle.
The Appeal and Unanswered Questions
Dissatisfied with the trial court’s decision, Amblin appealed to the California Court of Appeal. The appeal set the stage for a higher court to review the case, particularly the enforceability of the arbitration clause and the merits of Spinello’s claims of idea theft.
The outcome of the appeal, which is not discussed in the provided transcript, would hinge on various factors. The court would likely delve into the specifics of the arbitration clause, examining its language and fairness. They would also likely consider precedents set by previous cases involving similar disputes in the entertainment industry.
Conclusion
The case of Spinello v. Amblin Entertainment shines a light on the complexities of copyright law and the common practice of using arbitration clauses in Hollywood contracts. It underscores the challenges faced by writers in protecting their work and the importance of seeking legal counsel when navigating the legal landscape of the entertainment industry.