According to The Hollywood Reporter, Stephen Hendricks has filed a copyright infringement lawsuit BBC and Temple Street Productions for "copying" his own work without permission to create and produce the critically-acclaimed drama series "Orphan Black". "Orphan Black" ironically revolves around a woman who found herself to be one of several clones from a scientific experiment.
The plaintiff claimed in his lawsuit that the television series was lifted from a screenplay he made in the late 1990s entitled "Double Double." He said that the Writers' Guild of America and Copyright Office-registered screenplay was sent in a summary form to an assistant at Temple Street upon calling the production company in 2004. The summary along with the full screenplay was then sent to co-president David Fortier. Hendricks said that after a couple of weeks, he was told by Temple Street in an email that it has no interest with the screenplay.
On March 4 last year, Hendricks then said he discovered "orphan Black," and has the same, unusual copyrightable expression present in the screenplay he submitted to Temple Street, which is the development of the clones and the journey of the protagonist to discover her origins.
The show has credited Graeme Manson and John Fawcett as the creators of the show. Fortier is named executive producer of "Orphan Black," THR noted.
The lawsuit added, "The similarities between the Series and the Screenplay are so substantial that it is a virtual statistical impossibility that the former could have been created independently from the latter."
THR argued that ideas and generic tropes in the entertainment business are not protectable by law. However, Hendricks' claim of expression infringement might find a sliver of hope for a favorable judgement in court. Aside from his claim to own the expression in "Orphan Black," Hendricks is also seeking credit for his contributions to the show and have cited that BBC and Temple Street have committed breach of implied contract to pay.
