Is it okay to trade/share copyrighted scripts?

Yep, I'm going there.  This is gonna be a long post…get ready.

There was a stir in the online world last year when a certain blogger was sued by a certain major studio for running an online script sharing library.  Now, I never saw/used this library, but according to what I've read, the majority of the scripts shared were for movies so old you might have owned them on VHS, but one in particular was new…brand new…the unproduced script for Deadpool (you know, the X-Men spin off that may or may not happen depending on Ryan Reynolds' schedule).  Now, as I understand, this blogger was not the source of any leaks, she just collected scripts posted online and re-posted them in her library.  And now, she is getting sued for copyright infringement and a mess of other stuff.  Which brings me to my question: Is it okay to trade/share copyrighted scripts?

Sharing copies of your butt from the office holiday party = never okay.

So, what's the answer? 

First, let’s get some stuff straight (as I understand it).

1.     Writers read scripts to learn how to write.

2.     Scripts have copyrights.

3.     Sharing copyrighted material is a no no...except cases of  “fair use” (right?)

Ugh.  Now, I’m no legal expert, but it would seem that when you share/trade scripts or run sites that do just that, you are walking a thin line.

Now, I know some people will say, “fine, script trading is wrong/illegal/whatever but suing for millions is absurd.”  Some people even say a script for a movie that has already been released is worthless and others would argue a script in and of itself is worthless, regardless of whether the script is being produced (haha).  On the other hand, scripts for produced films have made money by being sold in book form (I understand Christopher Nolan worked hard to keep the Inception script under wraps so he could do just that).  So, when people trade a script for free, money might (or might not) be lost from the (theoretical) sales of a (theoretical) book.

So, there's that.

BUT BUT BUT...before I say, case closed, I think there is something A LOT deeper that needs to be addressed about this whole thing, something that goes WAY beyond one blogger and one script library.

There is a culture of script sharing in Hollywood, and a lot of it is sneaky.  I’ve heard tales of interns whiting out their boss’ watermarked name on scripts so their boss could have a copy they could share/trade and I can GUARANTEE you there are assistants at every studio on tracking boards right now asking for scripts that they/their bosses want.  In other words, studios are suing people for sharing copyrighted material while their own employees are DOING THE EXACT SAME THING.  This doesn’t make it RIGHT but it does suggest that studios that file these lawsuits are turning a blind eye to their own employees/other industry professionals doing the very thing they’re suing over (so long as it benefits them).

And, I mean, how do scripts get online in the first place?  That’s right, SOMEONE (or several someones) leaks them.  And who is that someone?  Well, logic would suggest it was someone who had access to the script, that probably means someone at the studio or at an agency.  In other words, the following scenario is quite possible: studio employee shares script, script gets passed around, script gets posted all over the place online, person finds script and puts it in her shared script library, studio sues woman. 

There’s got to be a better way, right?

This brings me back to the first thing I said:

1.     Writers read scripts to learn how to write.

It was great to see all the Oscar nominated scripts posted online a few weeks ago.  I think it would be great if studios/production companies/writers/the WGA could come together to create one (or several) easily accessible online libraries for already produced scripts.  I know most people don’t give a damn about aspiring writers, but I have a ton of respect and am super grateful to pros like John August and Kay Reindl who share their work on their blogs.  Now, of course, you can always read scripts in person at the WGA library, but if you don’t live in LA or you work a full time job, that doesn’t do you much good.  While a convenient online library for scripts wouldn’t eliminate the trade of unproduced scripts (like Deadpool) it might take many baby writers who just want to learn and don’t want to infringe on copyrights out of the legal crossfire.  Any other ideas out there to improve the script trade problem?