Creative assets exchange countless hands between studios, writers, and producers in the film industry. The latest high-profile case involves Netflix, LeBron James, and screenwriter Rob Grabow, who claims that the recently released film Rez Ball is strikingly similar to the script, The Gift of Game.
At Richards Rodriguez & Skeith, a business law firm in Austin, Texas, we see this often, even in the legal industry. There’s always potential for disputes involving IP assets, including copyrights, trademarks, trade secrets, and business innovations.
This lawsuit illustrates business owners’ key concerns about protecting their IP assets and mitigating unauthorized use. Want to learn more? Let’s dive in.
Case Overview
Rob Grabow filed a copyright infringement lawsuit against Netflix, alleging that Rez Ball, a film about Native American high school basketball players competing for a state championship, bears undeniable similarities to his screenplay.
He registered his screenplay with the U.S. Copyright Office in January 2024. However, Rez Ball was filmed in May 2023, long before Grabow registered his script. Netflix and the film’s co-writer, Sterlin Harjo (known for his own Reservation Dogs), maintain that the film was inspired by journalist Michael Powell’s 2019 book Canyon Dreams: A Basketball Season on the Navajo Nation.
So, the lawsuit questions whether Grabow’s script directly influenced the final version of Rez Ball in post-production or whether any similarities between these assets are purely coincidental.
Read Our Blog: UK Court Ruling Smacks Down Claims of ‘AI as Inventor’
What Does Copyright Law Cover?
Copyright law exists to protect original works of authorship, including screenplays, books, films, and creative concepts. A successful copyright claim requires the plaintiff to prove:
- Ownership – The plaintiff must have a valid copyright registration.
- Substantial Similarity – The plaintiff must demonstrate that the defendant’s work is strikingly or substantially similar to their copyrighted material.
- Access – The plaintiff must prove that the defendant had access to the copyrighted work before creating their own.
Read Our Blog: Software Assets in Mergers & Acquisitions
How Do Proactive Measures Help Businesses Protect Their Assets?
This lawsuit is undoubtedly a cautionary tale. Whether you are building a brand, developing technology, or producing films, intellectual property assets should be secured proactively at every stage.
To start, business owners and content creators should:
Always Register Your Work
Copyright protection is strongest when a work is registered before any dispute arises.
Use Non-Disclosure Agreements (NDAs)
When sharing scripts, business plans, or trade secrets, NDAs help prevent unauthorized use and are more enforceable in court.
Keep Detailed Records
Having a clear timeline of your work’s development can be crucial if you suspect IP infringement.
Work with IP Attorneys
Experience matters. Protecting creative assets can be complex, and you need to ensure you trust your legal partner.
Copyright disputes can be costly and time-consuming. The more proactive business owners are in securing their intellectual property, the easier it will be to avoid litigation or prevail if a lawsuit is ever required to protect your rights.
Do you have any questions about protecting your creative work or business innovations?
Contact Richards Rodriguez & Skeith. Our team of IP attorneys is here to help you safeguard your valuable creative and business investments.
