I've recently written a screenplay about an alien invasion. A friend immediately commented that he found similarities (some general ideas, plot devices) with Half-Life 2: Ep 2, which I haven't even played - and from what he tells me, the similarities are striking.
On the other hand, I think 99% of alien invasion movies follow the same pattern - aliens invade, good guys regroup, good guys strike them with some success, aliens strike back with devastating effects, the heroes somehow save the day. There aren't that many unique plot ideas.
I'm afraid of doing anything with this screenplay, e.g. sending it to competitions, because of the "original work" clause, and the potential of getting sued. I'm 100% sure it's my original work as I've written 100% of it and the characters are original, but there's always the potential of someone saying "wait, that's actually a screen adaptation of Half-Life 2, not your original work".
To complicate things further, I understand plagiarism must include "an intention to deceive". However, there's this company that makes Snakes on a Train, Transmorphers and Alien vs Hunter which clearly intend to deceive and profit from the more famous movie's publicity, and even in that case the response seems mild.
So... what are the limits of plagiarism? Realistically, how concerned should I, a completely unknown and amateur writer, be afraid of submitting a screenplay that could be considered "derivative" to a screenwriting competition? (I'm not asking for legal advice. I know we're not lawyers here. I'm asking for practical advice out of experience). I wouldn't want my screenplay to die unread in my drawer. Thanks!
Answer
There is nothing new under the sun, my friend.
If you read TV Tropes you might be forgiven for thinking that all plots are like all other plots. However it is not the plots (there are considered to be only seven or so actual plots anyway) but the characterisations, details, names etc that make your world unique to you.
If you are worried that you have by chance become exactly like something else I would finish writing as if this was the first time anyone had had this idea. Don't worry because you will spend your entire time second guessing yourself. Then in the later revision and editing sessions you could check out the plots you are fearful of having replicated and look for ways to maximise what is different.
If all else fails you could hang a lampshade on the problem and have a witty character bitch about this being the plot to Half Life. If you time this for a point in the plot when some comic relief is needed then you can play this for laughs as well as cultural references especially if another character has never played the game and thinks they are in a some other SciFi movie.
The chances are that by the time you have finished your work that you will ave found plenty of ways in which your story is different. It is always easier to fix a finished draft than try and improve something that you've not written yet.
The chances are that if the editor sees value in your work then they will give you feedback on how you can maximise that value and avoid being derivative. Also if a station picks up your script for production the legal team would double check this as part of their job.
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