{"id":26663,"date":"2026-09-24T17:02:47","date_gmt":"2026-09-24T15:02:47","guid":{"rendered":"https:\/\/ponsip.com\/?post_type=ip-law&p=26663"},"modified":"2026-09-24T17:02:49","modified_gmt":"2026-09-24T15:02:49","slug":"is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law","status":"publish","type":"ip-law","link":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/","title":{"rendered":"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law"},"content":{"rendered":"\n

What began as an action film about a retired hitman returning to the criminal underworld following the death of his dog ultimately became one of the most successful and recognisable franchises in contemporary cinema. John Wick<\/em>, starring Keanu Reeves and released in 2014, gave rise to a series that now includes four feature films, as well as spin-offs and additional projects currently in development.<\/p>\n\n\n\n

More than a decade after the release of the first instalment, the franchise is now facing litigation concerning its copyright rights. On 2 June 2026, American screenwriter J.R. Wicker filed a lawsuit before a federal court in California against Derek Kolstad, screenwriter of John Wick<\/em>, together with Thunder Road Films, the film\u2019s production company, and Lionsgate, its distributor. The claim is directed both against key members of the creative team and the companies involved in the production and distribution of the film and its sequel. Wicker is seeking damages of at least USD 10 million.<\/p>\n\n\n\n

According to the claim, Wicker argues that John Wick<\/em> and John Wick: Chapter 2<\/em> contain elements that are substantially similar to a screenplay he authored entitled Blood for Escobar<\/em>. In his view, both stories revolve around a middle-aged former assassin who returns to the criminal world and confronts a structured organisation of contract killers. He further alleges that the works share narrative elements, including the death of a pet that triggers the story, a hidden weapons cache, a Ford Mustang, and a character initially sent to kill the protagonist who later becomes his ally.<\/p>\n\n\n\n

Wicker also contends that Kolstad may have had access to a copy of his screenplay before developing the project that eventually became John Wick<\/em>. To support this allegation, the lawsuit identifies two potential avenues of access: the participation of his screenplay in a competition whose judging panel included Mike Goldberg, reportedly connected to Kolstad, and the submission of screenplay copies to United Talent Agency. On that basis, Wicker alleges that Kolstad used his work without authorisation.<\/p>\n\n\n\n

Although the proceedings are only at an early stage and it will ultimately be for the US courts to determine, under the applicable provisions of US copyright law, whether the similarities identified by Wicker amount to copyright infringement, the dispute also raises issues that are relevant under the copyright principles applicable in Colombia and, more broadly, throughout the Andean Community countries. In particular, the case offers an opportunity to examine the extent of copyright protection afforded to a screenplay and the elements that must be present before similarities between two works can give rise to copyright infringement.<\/p>\n\n\n\n

One of the fundamental principles of copyright law is that ideas, concepts, genres and themes are not protected in themselves. Copyright protection applies instead to the original manner in which those ideas are developed and expressed in a work.<\/p>\n\n\n\n

For that reason, it is not sufficient merely to assert that two films tell the story of a retired assassin, a brilliant detective, or a hero seeking revenge. These are common narrative devices which, in themselves, do not establish the existence of copyright infringement. The key issue is whether, beyond those general ideas, there is a substantial overlap in original protectable elements and in the specific manner in which those elements have been expressed.<\/p>\n\n\n\n

This means that two works may share a premise, genre, or even certain storytelling techniques and nevertheless remain independent and original creations from a copyright perspective. The legal question is not simply whether one work \u201cresembles\u201d another, but whether the similarities relate to protectable subject matter and are sufficiently substantial to constitute unauthorised reproduction.<\/p>\n\n\n\n

In disputes of this nature, access to the earlier work is also of particular importance. The ability to demonstrate that the alleged infringer knew of, or had the opportunity to know of, the prior work can be a relevant factor in establishing that similarities may be the result of copying rather than independent creation. It is precisely for this reason that, in the lawsuit against John Wick<\/em>, Wicker alleges that Blood for Escobar<\/em> circulated among individuals connected to the film industry and that Derek Kolstad may have had access to the screenplay.<\/p>\n\n\n\n

However, establishing possible access alone is not enough to prove infringement. The nature and extent of the similarities between the works must also be carefully assessed. Courts must distinguish between elements that belong to the realm of ideas or constitute standard features of a particular genre, and those aspects that reflect sufficiently original creative expression.<\/p>\n\n\n\n

Accordingly, not all similarities carry the same legal significance. The presence of an archetypal character, a criminal setting or a revenge storyline will rarely be sufficient in itself. The analysis may differ where the similarities involve a distinctive combination of creative elements, narrative sequences, characters with unique characteristics, specific scenes or dialogue whose expression is sufficiently original. Ultimately, similarities must be assessed not only in terms of their quantity, but also their nature and whether they relate to protectable elements of the work.<\/p>\n\n\n\n

Regardless of the outcome of the John Wick<\/em> litigation, the case offers several important lessons for any individual or business involved in the creation, production or use of copyright-protected content.<\/p>\n\n\n\n

The first lesson is the importance of verifying the originality of works before exploiting or commercialising them.<\/strong> This is particularly relevant where multiple contributors are involved in the creation process, as is frequently the case with audiovisual works, advertising campaigns, video games, digital content and technology projects. Businesses should implement mechanisms that allow them to identify who participated in the creative process, what contributions were made by each participant and, where appropriate, ensure through contractual arrangements that ownership rights or the necessary permissions have been properly secured. The involvement of multiple authors or collaborators can make it more difficult to determine the origin and scope of rights in the final output.<\/p>\n\n\n\n

The second lesson is the importance of retaining evidence of the creative process.<\/strong> Possessing a completed work may not be sufficient; it can also be critical to demonstrate when and how the work was created. Drafts, successive versions, working files, emails, contracts, creative instructions and other records can help reconstruct the development process and support claims of ownership or originality in the event of a dispute. Such documentation may become particularly valuable evidence when the origin of a work is challenged or allegations of copying arise.<\/p>\n\n\n\n

The third lesson is that copyright infringement risks are not confined to the entertainment industry.<\/strong> A business developing an advertising campaign, regardless of its economic sector, may use photographs, illustrations, music, videos, designs, written content or other protected works. The same applies to websites, social media channels, corporate presentations, commercial materials and digital content. Accordingly, before using a work created by a third party, it is essential to verify that the necessary authorisation, licence or legal entitlement is in place and that the intended use falls within the permitted scope. Compliance with these requirements not only reduces the risk of infringement claims but also enables businesses to manage copyright assets effectively within their own operations.<\/p>\n\n\n\n

In conclusion, similarity alone is not enough to establish plagiarism or copyright infringement. The decisive question is whether the similarities concern protectable elements of a work and whether they amount to unauthorised reproduction. The John Wick<\/em> case serves as a reminder that, in copyright law, creating a work also involves properly documenting and protecting the creative process.<\/p>\n","protected":false},"featured_media":26661,"template":"","categorias-ip-litigations":[],"class_list":["post-26663","ip-law","type-ip-law","status-publish","has-post-thumbnail","hentry"],"yoast_head":"\nIs Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law - PONS IP<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law - PONS IP\" \/>\n<meta property=\"og:description\" content=\"What began as an action film about a retired hitman returning to the criminal underworld following the death of his dog ultimately became one of the most successful and recognisable franchises in contemporary cinema. John Wick, starring Keanu Reeves and released in 2014, gave rise to a series that now includes four feature films, as ... Read more\" \/>\n<meta property=\"og:url\" content=\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/\" \/>\n<meta property=\"og:site_name\" content=\"PONS IP\" \/>\n<meta property=\"article:modified_time\" content=\"2026-09-24T15:02:49+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png\" \/>\n\t<meta property=\"og:image:width\" content=\"1194\" \/>\n\t<meta property=\"og:image:height\" content=\"545\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"6 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/\",\"url\":\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/\",\"name\":\"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law - PONS IP\",\"isPartOf\":{\"@id\":\"https:\/\/ponsip.com\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#primaryimage\"},\"image\":{\"@id\":\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png\",\"datePublished\":\"2026-09-24T15:02:47+00:00\",\"dateModified\":\"2026-09-24T15:02:49+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#primaryimage\",\"url\":\"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png\",\"contentUrl\":\"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png\",\"width\":1194,\"height\":545},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Portada\",\"item\":\"https:\/\/ponsip.com\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"IP Law\",\"item\":\"https:\/\/ponsip.com\/ip-litigations\/\"},{\"@type\":\"ListItem\",\"position\":3,\"name\":\"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/ponsip.com\/#website\",\"url\":\"https:\/\/ponsip.com\/\",\"name\":\"PONS IP\",\"description\":\"Consultora Global especializada en Propiedad Industrial e Intelectual.\",\"publisher\":{\"@id\":\"https:\/\/ponsip.com\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/ponsip.com\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/ponsip.com\/#organization\",\"name\":\"PONS IP\",\"url\":\"https:\/\/ponsip.com\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/ponsip.com\/#\/schema\/logo\/image\/\",\"url\":\"https:\/\/ponsip.com\/wp-content\/uploads\/2021\/11\/logo-pons-ip.svg\",\"contentUrl\":\"https:\/\/ponsip.com\/wp-content\/uploads\/2021\/11\/logo-pons-ip.svg\",\"width\":166,\"height\":26,\"caption\":\"PONS IP\"},\"image\":{\"@id\":\"https:\/\/ponsip.com\/#\/schema\/logo\/image\/\"}}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law - PONS IP","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"og_locale":"en_US","og_type":"article","og_title":"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law - PONS IP","og_description":"What began as an action film about a retired hitman returning to the criminal underworld following the death of his dog ultimately became one of the most successful and recognisable franchises in contemporary cinema. John Wick, starring Keanu Reeves and released in 2014, gave rise to a series that now includes four feature films, as ... Read more","og_url":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/","og_site_name":"PONS IP","article_modified_time":"2026-09-24T15:02:49+00:00","og_image":[{"width":1194,"height":545,"url":"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png","type":"image\/png"}],"twitter_card":"summary_large_image","twitter_misc":{"Est. reading time":"6 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/","url":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/","name":"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law - PONS IP","isPartOf":{"@id":"https:\/\/ponsip.com\/#website"},"primaryImageOfPage":{"@id":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#primaryimage"},"image":{"@id":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#primaryimage"},"thumbnailUrl":"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png","datePublished":"2026-09-24T15:02:47+00:00","dateModified":"2026-09-24T15:02:49+00:00","breadcrumb":{"@id":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#primaryimage","url":"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png","contentUrl":"https:\/\/ponsip.com\/wp-content\/uploads\/2026\/09\/John_Wick_2-e1790261894753.png","width":1194,"height":545},{"@type":"BreadcrumbList","@id":"https:\/\/ponsip.com\/en\/ip-case-law\/is-similarity-enough-to-amount-to-copyright-infringement-what-the-john-wick-lawsuit-teaches-us-about-copyright-law\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Portada","item":"https:\/\/ponsip.com\/"},{"@type":"ListItem","position":2,"name":"IP Law","item":"https:\/\/ponsip.com\/ip-litigations\/"},{"@type":"ListItem","position":3,"name":"Is Similarity Enough to Amount to Copyright Infringement? What the John Wick Lawsuit Teaches Us About Copyright Law"}]},{"@type":"WebSite","@id":"https:\/\/ponsip.com\/#website","url":"https:\/\/ponsip.com\/","name":"PONS IP","description":"Consultora Global especializada en Propiedad Industrial e Intelectual.","publisher":{"@id":"https:\/\/ponsip.com\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/ponsip.com\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/ponsip.com\/#organization","name":"PONS IP","url":"https:\/\/ponsip.com\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/ponsip.com\/#\/schema\/logo\/image\/","url":"https:\/\/ponsip.com\/wp-content\/uploads\/2021\/11\/logo-pons-ip.svg","contentUrl":"https:\/\/ponsip.com\/wp-content\/uploads\/2021\/11\/logo-pons-ip.svg","width":166,"height":26,"caption":"PONS IP"},"image":{"@id":"https:\/\/ponsip.com\/#\/schema\/logo\/image\/"}}]}},"_links":{"self":[{"href":"https:\/\/ponsip.com\/en\/wp-json\/wp\/v2\/ip-law\/26663","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ponsip.com\/en\/wp-json\/wp\/v2\/ip-law"}],"about":[{"href":"https:\/\/ponsip.com\/en\/wp-json\/wp\/v2\/types\/ip-law"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ponsip.com\/en\/wp-json\/wp\/v2\/media\/26661"}],"wp:attachment":[{"href":"https:\/\/ponsip.com\/en\/wp-json\/wp\/v2\/media?parent=26663"}],"wp:term":[{"taxonomy":"categorias-ip-litigations","embeddable":true,"href":"https:\/\/ponsip.com\/en\/wp-json\/wp\/v2\/categorias-ip-litigations?post=26663"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}