News & Analysis as of

Film Industry Copyright Litigation

Arnall Golden Gregory LLP

The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Foley Hoag LLP - Making Your Mark

How Original! The Oscars and the Craft of Derivative Works

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn...more

Arnall Golden Gregory LLP

The Pitch - May 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Vondran Legal

Strike 3 Holdings Copyright Infringement Defense Tips

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Strike 3 Holdings (S3”) has filed THOUSANDS of copyright infringement lawsuits, and usually manages to settle quite a few of them.  However, they do not always prevail in their bringing of these actions (usually in a federal...more

AEON Law

Patent Poetry: Heirs of “Top Gun” Magazine Article Writer Sue for Copyright Infringement

AEON Law on

As Top Gun: Maverick passes Doctor Strange 2 to become the highest-grossing movie in the US this year, it’s attracted a copyright infringement claim by the heirs of the writer of the article that inspired the original 1986...more

Weintraub Tobin

Podcast - The Briefing by the IP Law Blog: A Spooky Copyright Decision for Producers of Friday the 13th Franchise

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This week on the IP Law Blog, Scott Hervey and Josh Escovedo discuss a claim for copyright reversion made by the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror...more

Weintraub Tobin

The Briefing by the IP Law Blog: A Spooky Copyright Decision for Producers of Friday the 13th Franchise

Weintraub Tobin on

This week on the IP Law Blog, Scott Hervey and Josh Escovedo discuss a claim for copyright reversion made by the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror...more

International Lawyers Network

The Paraskavedekatriaphobia Precedent: Why Friday The 13th Decision Raises Fear Of Slashing Long-Held Copyrights

Admittedly, the second word in that title is a mouthful—but Paraskavedekatriaphobia is a real word, with an etymology and definition. It even has a synonym, friggatriskaidekaphobia. Each means “fear of Friday the...more

Dorsey & Whitney LLP

You Know His Name (Jason). You Know the Story (Friday the 13th). But Do You Know Who Owns Jason? The Second Circuit Does - and the...

Dorsey & Whitney LLP on

As of today, there have been twelve (yes, twelve!) movies released as part of the Friday the 13th series of horror films, as well as a television series. For those of you who have not seen any of these films, they are not for...more

Littler

Producers of Creative Work Beware

Littler on

The U.S. Court of Appeals for the Second Circuit recently held that the creator of The Friday the 13th screenplay could terminate his copyright grant to Horror Inc. (the producer of the movie franchise) and reclaim it. ...more

Ladas & Parry LLP

Remembering Two Of The Spookiest Halloween Copyright Cases

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With Halloween 2020 having just passed, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies. ...more

Davis Wright Tremaine LLP

Blinding Edge, Apple, and M. Night Shyamalan Awarded $162,467 After Defeating Copyright Claims

On January 15, 2020, director Francesca Gregorini filed suit against Apple, Blinding Edge Pictures, and M. Night Shyamalan, who produced the television series "Servant." Gregorini alleged that "Servant" infringed the...more

Smart & Biggar

Ontario Court finds room for fair dealing in documentary on The Room

Smart & Biggar on

Recently, in Wiseau Studio, LLC et al v Harper et al, 2020 ONSC 2504, the Ontario Superior Court of Justice dismissed an action for copyright infringement brought against the makers of a documentary that used clips from the...more

Robins Kaplan LLP

Plaintiff’s Claims Don’t Hold Water – Judge Tosses ‘Shape of Water’ Copyright Suit

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In June, I reported on a copyright infringement case concerning Oscar-winning film, The Shape of Water. The suit was filed in February in the U.S. District Court in Los Angeles, on the same day that the Academy voters started...more

Robins Kaplan LLP

The Shape of Water Tries to Shake off Plagiarism Controversy

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The Shape of Water, winner of four Oscars this year, is defending itself in a copyright infringement lawsuit which asserts the film copies a 1969 sci-fi play.  The suit was filed on February 21, 2018, just one day after Oscar...more

Robins Kaplan LLP

Nevada Screenwriter Claims Gone Girl Was Her Idea

Robins Kaplan LLP on

On January 17, Twentieth Century Fox Film Corp. (“Twentieth Century”) argued that a copyright infringement claim relating to the hit novel and film, Gone Girl, should be thrown out. ...more

Robins Kaplan LLP

Demi Lovato, Idina Menzel, and Disney Sued Over Frozen Song “Let It Go”

Robins Kaplan LLP on

Demi Lovato, Idina Menzel, and Disney are amongst the defendants who were sued over the hit song, “Let It Go,” featured in the popular 2013 Disney film, Frozen....more

Sheppard Mullin Richter & Hampton LLP

The Southern District of New York Finds “Work Made For Hire” Under Italian Copyright Law

Musical scores incorporated into films are usually produced with the specific film in mind. In the U.S., we call such works “works made for hire,” meaning that the artist does not retain authorship rights to the music....more

Ladas & Parry LLP

Resistance is Futile: Axanar Productions settles with CBS and Paramount to end copyright infringement suit over fan film

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Axanar will finally beam down to YouTube after CBS and Paramount Pictures (“Paramount”) reached a settlement with Axanar Productions to end all ongoing litigation regarding the Star Trek fan film....more

Kelley Drye & Warren LLP

Central District of California Dismisses Copyright Infringement Suit Regarding Christian Film God’s Not Dead

The Central District of California recently dismissed a copyright infringement suit brought by the creators of the screenplay for Rise against the creators of the screenplay God’s Not Dead (“GND”) for failure to state a...more

Foley Hoag LLP - Trademark, Copyright &...

The Devil (and the Copyright) is in the Details

Would-be filmmakers often see the ghostly reflection of their own work in allegedly infringing films that actually get made. With many such copyright claims, the devil is – figuratively – in the details, but in the recent...more

McDermott Will & Emery

No Copyright in Individual Contributions to a Film - 16 Casa Duse, LLC v. Merkin

McDermott Will & Emery on

Citing the U.S. Court of Appeals Ninth Circuit’s recent en banc decision in Garcia v. Google (IP Update, Vol. 18, No. 6), the United States Court of Appeals for the Second Circuit affirmed a summary judgment ruling that...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

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