Did Kevin Costner Steal Film From Me? You Decide.
For years I’ve heard of stories from writer friends about their ideas being stolen. At lunch it’s the second topic brought up right after, “Did you see that piece of shit so-and-so got made/printed/paid for?”
Many believe that getting your idea stolen is one of the most integral parts of the Hollywood dream machine. Your dream. Someone else’s machine.
It goes with the territory. Ideas are a dime a dozen, that is if you can talk someone into paying you a dime for your twelve. I’ve always thought that people can have come up with similar ideas. Hey, I understand that even my “Gone With The Wind” idea was already done by someone else. 
When I first started writing TV I pitched an idea at a Fox sketch show. They even called me in to discuss working on the show. A few weeks later I saw my idea, much of the dialogue word-for-word from my script, on their show. They didn’t pay me. They didn’t hire me. They said they already had someone who wrote like me. Sure they did. Me.
My agent said the show was notorious for stealing ideas and he still had to work with them so it didn’t pay to make a big deal of it. At least not for him. I didn’t. I was new and there were plenty of opportunities that lied ahead.
Well, I’m not new any more and my TV and film career has evolved into books and columns. Here, stealing is considered a sign of respect.
But the other day I rented Kevin Costner’s Swing Vote film and world of TV/film larceny came rushing back.
Costner’s film tells the story of a single slacker whose one vote could decide a presidential election. Don’t know if you saw it. Not all that many did, but it just happens that one of those most popular names in satire - National Lampoon - offered almost the same exact concept (lead character younger and slackier) in October of 2004 lampooning the Kerry-Bush race.
The author of the piece? Moi.
The film wasn’t much of a cinematic success, but that didn’t make it any less of a rip off. I’ve since seen the actual shooting script and found a frightening amount of similarities. Keep in mind, the original draft is where most of any theft of words and phrases would have been. I can’t afford to go head to head with Costner’s studio but as the year ends I needed to get it out of my system.
Am I just a paranoid writer or was I the victim of…
GRAND THEFT FILM SCRIPT!
If you have the time, you can be the jury. Here’s the details…
Swing Voter vs Swing Vote
Swing Voter was written and posted on National Lampoon website and sent out to its subscribers in Fall of 2004.
Swing Vote co-writer Joshua Michael Stern says he wrote it in 2006.
“We were writing with memories of the 2004 election.”
Kevin Costner said the draft he read “made references to the 2000 election while taking the story in a different direction.”
Costner’s “Swing Vote” is about a single voter who will decide the presidency.
My :Swing Voter” is about a single voter who will decide the presidency.
Costner’s “Swing Vote” is about a 40 something drunk loser.
My “Swing Voter” is about a loser 30 something druggie loser
Costner’s “Swing Vote” candidates and press invade lead character Bud’s home town.
My “Swing Voter” candidates and press invade Lead character Podarsky’s home town.
Costner’s “Swing Vote”’s Bud doesn’t know who’s running (#9)
My “Swing Voter”’s Podarsky doesn’t know who’s running
Costner’s “Swing Vote” candidates consider paying Bud off (#44).
My “Swing Voter” candidates consider paying Podarsky off.
Costner’s “Swing Vote” candidates explain first how they’re positions are good for Bud (#64).
My “Swing Voter” candidates explain first how they’re positions are good for Podarsky.
Costner’s “Swing Vote” candidates say anything they think Bud wants to hear to get him to vote for them including reversing long held positions including gay marriage (#78).
My “Swing Voter” candidates say anything they think Podarsky wants to hear to get him to vote for them including reversing long held positions including gay marriage.
Costner’s “Swing Vote” creates a debate held just for Bud where Bud will ask the questions(#87).
My “Swing Voter” creates a debate held just for Podarksy where Podarsky will ask the questions.
Costner’s “Swing Vote” ends with no winner decided.
My “Swing Voter” ends with no winner decided.
So… I have three questions.
Do I have a case?
Are you an entertainment attorney?
Do you work on contingency?
Steve
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8 Responses to “Did Kevin Costner Steal Film From Me? You Decide.”
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One thing I’d like to clear up first. You keep referring to Swing Vote as “Costner’s Swing Vote”, but he didn’t write it.
He obviously liked the script and the part, because he’s definitely at his finest in this type of part, but how did it get into his hands?
Even looking at the person that put it into Kevin’s hands, where did that person get it?
Where did their “Swing Vote” originate?
By the time it got to Kevin, how many hands had it gone through? Do you know any of this?
I’m 100% on your side, if you were given a bum deal here, but who is really at fault?
The fact that I’m on your side, doesn’t mean I’m not on Kevin’s….it only means I’m not on the side of whoever the actual thief is.
Keep writing but stop talking. If you write something you feel really great about, put it out there yourself. If it’s great enough, you can get the biggest and the best and the HONEST to listen and help you.
I wish you wonderful things in 2009,
Sandy
” If you write something you feel really great about, put it out there yourself. If it’s great enough, you can get the biggest and the best and the HONEST to listen and help you.”
You’ve obviously never spent much time in Hollywood.
But…you should have wonderful things too.
SY
Excuse me…..You “rented” Swing Vote? How did you do that, when it’s not coming out on DVD or Blu-Ray for another two weeks (Jan. 13)?
Jason Richman and Joshua Michael Stern wrote the script; Stern directed the film.
Someone’s already beaten you on the complain list: Bradley Blakeman sued Disney, Kelsey Grammer and Kevin Costner, saying they took his script. (Again, neither Grammer nor Costner wrote the script.)
And some film critics have complained that the film resembles a 1939 film, “The Great Man Votes.”
So if you’re unhappy, get in line.
As for me, I like the film.
FF,
I saw the film. I know of the writers. I know of Disney. I know of the suit against Disney. I know of The Great Man Votes. It’s just that Costner is prettier than any of them.
As for getting in line. I’m a writer. I don’t actually do anything about my unhappiness.
Thanks for writing.
SY
It’s been hectic around here so it took awhile to respond.
I have spent NO time in Hollywood Steve, however, my middle son is a prominent Make-Up Artist and has worked with the biggest and the best, my youngest is a film and television Editor. Obviously they shall both remain nameless but I raised them with a huge push on, never taking no for an answer, really believing they can do it and most of all believing in themselves to the point where others find it easy to believe in them as well.
I’m not preaching Steve, but one thing I do know about Hollywood is, you can’t walk around with the attitude that “it can’t happen” and “I can’t do it” or “If I didn’t have bad luck, I wouldn’t have any luck at all.”
Raising three incredible sons was not, by any means, an easy task but they are extremely talented in their chosen professions and I made sure they never forgot it.
They thought it was all just “a Mother’s” view until professors and professionals completely in the know, began telling them the same thing.
It’s a New Year. I have a lot of changes to make in my life, with the help of my children and good friends. We all have our trials and tribulations but I learned too late for me that if you don’t reach hard for the whole loaf, someone else will and all you’re left with are the crumbs.
A bit late for me, but thank heavens, not for me to see my children loving what they’ve chosen to do.
I don’t know your situation, so I can’t really be specific but if you don’t take what you want, someone else will.
Be well.
Sandy
RE: “We all have our trials and tribulations but I learned too late for me that if you don’t reach hard for the whole loaf, someone else will and all you’re left with are the crumbs.”
Sandy,
It’s never too late. Seriously. First day. last day. Just because you don’t reach the goal you set out to reach doesn’t mean the effort in itself can’t be worthwhile.
SY
The fact that another source alleges plagiarism is not fatal to your claim; on the contrary - it would make more sense that someone would pull from a variety of sources in order to avoid the appearance of stealing from one work. You could always call Blakeman’s lawyers to ask about the feasibility of joining as a plaintiff in that case.
For years I’ve heard of stories from writer friends