BBC America faces lawsuit over Orphan Black

A five million dollar lawsuit filed by Stephen Hendricks alleges that the acclaimed BBC America series Orphan Black is actually a rip-off of a script he sent to Temple Street Productions back in 2004. Hendricks' script, entitled "Double Double," followed a character searching for her own origin after discovering a cloning facility.

Before the suit could reach trial, both parties had a dispute over where the case should be tried. David Fortier, the president of Temple Street Productions, argued that the case should be tried in Canada, as that was where the majority of the show's cast and crew, and part of his production company, are based. To try the case in California, they said that Hendricks would need to prove that the company's in-state contacts were substantial enough to "render the corporation at home" in the U.S.

The judge presiding over the case, U.S. District Judge Ronald Lew, recently ruled in favor of Hendricks' desire to try the case in California. Temple Street Productions' website lists contact information in both Canada and the United States, and they refer to their stateside office as their "LA Office."

Speaking to his decision, Judge Lew added that while the defendants might "argue that exercising jurisdiction over Fortier and TSPI would be unreasonable and inconvenient because the 'development and production of the series occurred entirely in Canada,' … [that] Such arguments do not support unreasonableness, as mere inconvenience will not suffice, especially in this age of air travel and when Canada shares the same continent with the United States."

If you believe that someone is profiting from your work without your permission, it's important to act sooner, rather than later. Contact a skilled business attorney as quickly as possible.

Categorised in: Entertainment Law, Intellectual Property Law

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