Law Offices of Jonathan Franklin: James Cameron

Showing posts with label James Cameron. Show all posts

Friday, March 21, 2014

#JamesCameron Wins Another #Avatar Copyright #Lawsuit

Newsflash from your Hollywood Attorney:

Cameron has already beaten a $1 billion copyright claim from Bryant Moore, has been the victor in an implied contract claim from Eric Ryder, and has denied a win for Gerald Morawski. There have been other Avatar victories too.

The latest claim came from a Vancouver man named Emil Malak, who said that Avatar bore a striking resemblance to his 1998 screenplay, Terra Incognita, about a community of indigenous people who were protecting their home planet from militaristic human intruders who want to mine precious minerals.

Malek was actually the first person to make claims that Avatar was stolen; we first covered his allegations back in December 2010.

But apparently, Malek has seemingly realized that his chances of winning were roughly equivalent to those of him filling out a perfect March Madness bracket in Warren Buffett's challenge.

According to Fox's press release, "After the first day of hearing on Cameron's motion for summary judgment, Malak approached Cameron's counsel and said he no longer wanted to pursue his claim."

Malek is quoted as saying, "After listening to the evidence, I became convinced that Avatar was independently created and accordingly I dismissed my action."

(Asked whether there was any settlement, a Fox spokesperson says, "No. Malak was not paid anything. Defendants did waive costs.")

Since Avatar came out in 2009, the statute of limitations has presumably passed on any new claims. Then again, Warner Bros. is still in the midst of a lawsuit filed last year by a Hawaii man named Thomas Althouse over whether The Matrix was stolen, so it's impossible to rule out more Avatar lawsuits and yet more James Cameron legal victories.

Source.... HWR

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Monday, February 17, 2014

Extra Sues #Titanic's #JamesCameron for #BackPay and #Royalties

Newsflash from your Hollywood Attorney:

A man who says he was not fairly paid after James Cameron bumped him up from an extra to a principal performer on 1997's Titanic is suing the studios, production companies and distributors behind the best picture winner for a bigger piece of the pie.

Vi Jay's suit, filed Friday in Los Angeles Superior Court, says he was promised $60 a day to do background work on Titanic. Upon arriving on the Mexico set in 1996, Cameron "in the spur of the moment, directed Plaintiff in playing the principal-performer role of the Spindley Porter" opposite Kathy Bates (Molly Brown) in her first scene in the movie. Jay was shown carrying luggage reciting dialogue, according to the suit.

Read Complaint Here... http://www.hollywoodreporter.com/sites/default/files/custom/Documents/ESQ/titanic_suit.pdf

Twentieth Century Fox, Paramount Pictures, Cameron's Lightstorm Entertainment, Earthship Productions, Walden Media and Walt Disney Pictures are named in the suit.

Jay, who was not a member of the Screen Actors Guild, says the union should have been notified of his role change and he should have been given the opportunity to join SAG. Had this happened, says the suit, he would have been able to enjoy royalties from foreign screenings of the film, as well as its theatrical re-releases and its cable and television

He is suing for fraud by concealment, right to publicity, common law appropriation of likeness, among other things. He seeks unspecified damages at a trial by jury.

Source.....hollywoodreporter

Tuesday, January 21, 2014

James Cameron Wins 3 for 3 "Avatar" Lawsuit

Newsflash from your Hollywood Attorney:

On Friday, Cameron went three-for-three in defending these lawsuits after a Maryland judge denied a $1 billion copyright claim from Bryant Moore, who alleged that Lightstorm had infringed two of his screenplays, Aquatica and The Pollination.

Moore survived longer than Gerald Morawski, whose lawsuit was rejected last February, as well as Eric Ryder, whose lawsuit was dismissed last October, but ultimately Moore suffered the same fate as these other plaintiffs. U.S. District Judge Roger Titus determines in a summary judgment ruling (read here) that there's not enough similarity in Moore's works, and that Cameron's company presented a strong case for independent creation.

In his lawsuit, Moore alleged that Lightstorm had perhaps gotten his screenplays in the mid-1990s from a production assistant who worked on the set of Cameron's True Lies. Moore said that Lightstorm may also have gotten access via a Fox Broadcasting employee who was also given a copy of his work. Moore also submitted his works directly to a development executive at Lightstorm in 2003, but the judge says that was "insufficient to infer access by everyone at the company."

Nevertheless, the ruling largely turns on whether there was substantial similarity between Moore's two screenplays and Avatar.

"Even at the highest level of generality, the plots of the works at issue here are quite different," writes Judge Titus. "Avatar is about a paraplegic ex-Marine, Jake Sully, who takes over a genetically engineered avatar body to study the indigenous people of the planet Pandora. … Pollination is a story about two warring groups of humans: pollinators and descendants. … Aquatica is an underwater adventure story about two warring factions, one of whom is a ruthless evil tribe attempting to dominate the planet."

The judge notes "certain limited commonalities" like love affairs in a sci-fi futuristic setting and the main characters' transitions from scientist to warrior but writes that these elements are too broad to be eligible for copyright protection. Same goes for large forest settings and a 3D representation of terrain in a futuristic battle movie.

After shooting down Moore's claims of substantial similarity in plot, setting, characters and mood -- as well as claimed "literal similarities" like "upside down trees with plants growing out of them" -- the judge talks about Cameron's independent creation.

"Cameron submitted a comprehensive declaration that specifically addresses Moore’s allegations and points to past projects and other sources of inspiration from which he drew in writing Avatar," writes the judge. "For example, he discusses how a story he wrote in college addressed the issue of 'transitioning from a disabled body' which inspired Jake Sully’s handicap. He introduced a sketch he drew in high school of a large tree on which he modeled the 'hometree' in Avatar. He also, for example, claims that a film he worked on in the 1970s, Xenogenesis, featured a similar setting to that in Avatar (willow-like trees, blue and green bioluminescence, etc.). Cameron’s detailed declaration and accompanying exhibits are persuasive."

Source.... http://www.hollywoodreporter.com

Saturday, October 12, 2013

Judge Throws Out "Avatar" Idea Theft Lawsuit - Another Win for James Cameron

Newsflash from your Hollywood Attorney:

A judge throws out a lawsuit from a man who claimed to have developed a sci-fi project at the behest of Lightstorm Entertainment.

On Wednesday, a Los Angeles judge dismissed claims by Eric Ryder, who alleged that the blockbuster film ripped off his story called K.R.Z. 2068, described as an "environmentally-themed 3-D epic about a corporation's colonization and plundering of a distant moon's lush and wondrous natural setting."

The victory is another notch in the belt for Cameron, who has won several lawsuits already on this front.
Ryder was one of the first to sue Cameron, and although the writer faced incredibly long odds, he did bring allegations that in theory at least, gave him the best shot at prevailing. In particular, Ryder said in his lawsuit that he had visited Cameron's Lightstorm Entertainment offices approximately six times in 2001, met with senior executives there, disclosed K.R.Z., and on the request of one of the company's development executives, had worked on numerous story drafts, 3D imaging material, photographs and visual representations of certain distant planet scenes.

Ultimately, Lightstorm passed on the project. According to the lawsuit, the company at that time "represented to Mr. Ryder that no one would go to see an environmentally themed feature length science fiction movie."

Although Cameron has put to bed another Avatar lawsuit, he's not completely clear from claims of theft. In Maryland, science fiction writer Bryant Moore is still alive in a case that claims that Avatar derives from two screenplays that were submitted to a Lightstorm executive. And in New York, album cover artist William Roger Dean is contending that Avatar copied 14 of his fantasy-infused artworks.

Disney has Announced that they are Building an Avatarland with in Walt Disney World's Animal Kingdom. As part of the largest expansion in the history of the park, we’ll be adding all-new entertainment experiences, including a new nighttime spectacular where live music, floating lanterns, water screens and swirling animal imagery all combine to bring a show to Discovery River that will delight our guests and truly cap off their day at Disney’s Animal Kingdom. The park will introduce more nighttime entertainment as well, including live performers on Discovery Island (pictured above) and a new nighttime version of the Kilimanjaro Safaris.

As these concept renderings show in epic scale, in the world of AVATAR guests will encounter awe-inspiring floating mountains and wander through a nighttime jungle of bioluminescent plants that are alive with light and sound. Guests will also discover what it feels like to soar into the sky riding a Banshee.

As the world of AVATAR becomes real at Disney’s Animal Kingdom, the energy and passion shared by our Imagineers and the Lightstorm team for this monumental task continues to be remarkable. I can’t wait to see the reactions of our guests as they step into a world that until now has only existed on the screen.

Source... http://www.hollywoodreporter.com/thr-esq/james-cameron-wins-avatar-idea-642448

Friday, October 4, 2013

Another Lawsuit Win for James Cameron's Avatar

Newsflash from your Hollywood Attorney:

On Wednesday, a Los Angeles judge dismissed claims by Eric Ryder, who alleged that the blockbuster film ripped off his story called K.R.Z. 2068, described as an "environmentally-themed 3-D epic about a corporation's colonization and plundering of a distant moon's lush and wondrous natural setting."

Although that might some somewhat similar to Cameron's epic, it didn't amount to being substantially similar, according to the judge.

"There is no evidence James Cameron did not create Avatar in 1996,'' said Judge Susan Bryant-Deason. "This was obviously his biggest baby he's every produced from what I can tell.''

That statement is hardly shocking. Avatar earned nearly $2.8 billion in box-office receipts when it came out in 2009. In Hollywood, success often breeds claims of theft, and as the highest-grossing movie of all time, Avatar has triggered one lawsuit after another from writers and artists attempting to prove that Cameron's inspiration was unlawfully assisted.

"I feel compelled ... to address how deeply offensive it is to me that people like Mr. Ryder can ignore the hard work and creativity of others by trying to stake a claim to art and take credit for art that is not theirs in any way whatsoever,'' he said in the court battle.

Reacting to the win, Cameron stated, "Sadly, it seems that whenever a successful motion picture is produced, there are people who try to 'get rich quick' by claiming their ideas were used. Several such claims have been asserted in connection with Avatar. I am grateful that our courts have consistently found these claims to be meritless. As I have previously stated, Avatar was my most personal film, drawing upon themes and concepts that I had been exploring for decades. I am very appreciative that the Court rejected the specious claim by Mr. Ryder that I used any of his ideas in my film."

The victory is another notch in the belt for Cameron, who has won several lawsuits already on this front.

Ryder was one of the first to sue Cameron, and although the writer faced incredibly long odds, he did bring allegations that in theory at least, gave him the best shot at prevailing. In particular, Ryder said in his lawsuit that he had visited Cameron's Lightstorm Entertainment offices approximately six times in 2001, met with senior executives there, disclosed K.R.Z., and on the request of one of the company's development executives, had worked on numerous story drafts, 3D imaging material, photographs and visual representations of certain distant planet scenes.

Ultimately, Lightstorm passed on the project. According to the lawsuit, the company at that time "represented to Mr. Ryder that no one would go to see an environmentally themed feature length science fiction movie."

Ryder's legal claim wasn't for copyright infringement, but rather that Cameron and Lightstorm had breached an implied contract to compensate Ryder for his ideas and also committed fraud and deceit. Nevertheless, the plaintiff still needed to show that Avatar was similar enough to K.R.Z. and that Cameron hadn't independently created it prior to Ryder's pitch. That was a high bar that Ryder has failed to clear.

Cameron had the law on his side. He also had high-priced attorneys at Mitchell Silberberg & Knupp. Despite having the fame, fortune and foundation to prevail, this lawsuit -- and others -- have posed difficulties for Cameron. Among the sensitivities was how to handle plaintiff demands for sensitive documents without revealing too many Avatar secrets. Both Cameron and 20th Century Fox have confronted judges ordering the sharing of draft scripts and financials on the film. Additionally, Cameron's lawyers have warned judges that details about Avatar's preparation could lead to leaks about what it has in store for future Avatar sequels.

Although Cameron has put to bed another Avatar lawsuit, he's not completely clear from claims of theft. In Maryland, science fiction writer Bryant Moore is still alive in a case that claims that Avatar derives from two screenplays that were submitted to a Lightstorm executive. And in New York, album cover artist William Roger Dean is contending that Avatar copied 14 of his fantasy-infused artworks.

In other words, this won't be the last headline on the James Cameron legal front.

Source.... http://www.hollywoodreporter.com/thr-esq/james-cameron-wins-avatar-idea-642448

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
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Monday, July 1, 2013

British Album Cover Artist Sues James Cameron Sued Over 'Avatar'

James Cameron is being sued yet again over his hit movie "Avatar” as a British album cover artist filed a lawsuit Thursday claiming the famed director copied his artwork for some scenes in the movie.

William Roger Dean is seeking more than $50 million in damages, claiming that the movie's floating mountains, stone arches, and the physical traits of flying creatures in "Avatar" were taken from his work by James Cameron, Deadline.com reported.

"The similarities of each such work are substantial, continuing, and direct so as to rule out any accidental copying or similarity in scenes common to the genre," states the lawsuit, which was filed in U.S. District Court in New York, according to Deadline.com.

Bert Field, Cameron’s attorney, told the Associated Press that the filmmaker is the "most original and creative person in the motion picture business today" and shouldn’t need to copy from anyone.

Dean is an established entertainment artist who has done album covers for bands like Yes and Asia.

Charlie Jane Anders, a writer for io6.com, which covers science fiction, pointed out the similarities between Dean’s work and Avatar back in January 2010.

"Since we pointed out the resemblance between ‘Avatar’ and Roger Dean's artwork a month ago, there's been a flurry of discussion on the subject online," Anders wrote. "Entertainment Weekly asked director James Cameron whether he got his idea for the floating mountains from a Yes cover, and he laughed 'It might have been... Back in my pot-smoking days.' Some more great Dean art has been posted in various places, as people celebrate his influence and point to more areas where Dean's art may have helped to inspire ‘Avatar.’"

According to Deadline.com, Dean's complaint is the fourth suit filed against Cameron and Fox involving "Avatar." A federal judge approved a trial in March for screenwriter Bryant Moore, who sued Cameron over copyright material.

Read More... http://www.newsmax.com/newswidget/james-cameron-sued-avatar-british/2013/07/01/id/512779?promo_code=139A8-1&utm_source=139A8World_Truth&utm_medium=nmwidget&utm_campaign=widgetphase1#ixzz2XoWSQgzQ

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, February 6, 2013

James Cameron Wins 'Avatar' Theft Lawsuit

A California federal judge rules that Cameron independently created the massive 2009 blockbuster film.

James Cameron and his Lightstorm Entertainment have prevailed in a lawsuit brought by a man who claimed his ideas were stolen for the blockbuster film Avatar.

Gerald Morawski sued in December 2011, claiming breach of contract, fraud and negligent misrepresentation. He met Cameron in 1991 and sold the famous director four items of artwork. The plaintiff asserted that during this time, he pitched a film project entitled Guardians of Eden, about an epic struggle taking place between evil mining interests that would destroy the planet to satisfy their greed and an indigenous tribe that lives at one with its rainforest environment.

Morawski alleged that he signed a nondisclosure agreement and that the contract expressly provided that he would retain his original ideas. The plaintiff demanded compensation for the ideas he allegedly shared.

But in a 33-page summary judgment order, U.S. District Court Judge Margaret Morrow says that "because the undisputed evidence demonstrates that Cameron independently created Avatar and did not breach the Agreement, Morawski cannot demonstrate that he suffered damage as the result of misappropriation of his ideas or that he incurred costs in reliance on defendants' promise."

Read the full decision here... http://www.scribd.com/doc/124001146/Avatar-ruling

Morawski's lawsuit was one of many filed by individuals alleging to have authored works appropriated for Avatar.

Cameron has adamantly denied that he has used ideas shared by any of these plaintiffs. In defense of the claims brought by Morawski, the filmmaker submitted an extraordinary 45-page sworn declaration that details how he came up with Avatar, its themes and some hint about where Avatar is going in two sequels. The testimony spans more than five decades of Cameron's life.

Morawski might have gotten a bit further than a few of the other lawsuits already dismissed because he showed personal contact with Cameron and various Lightstorm employees.

In December 1991, for instance, Morawski had two meetings with Lightstorm employees during which notes were taken. Later that month, Lightstorm's then-president Larry Kasanoff told Morawski that the company was unable to take a development option on Guardians of Eden.

Four years later, Cameron wrote a lengthy "scripment" on Avatar and delivered it to 20th Century Fox in 1996. Cameron says he waited more than a decade to shoot the movie because the technology wasn't yet ready to develop the film as he intended.

The judge entertained Morawski's lawsuit for more than a year -- and even ordered Cameron and Fox to share financials on Avatar in the discovery phase-- but ultimately decided in Cameron's favor.

"Upon reviewing Cameron's earlier works, it is evident that each element of Avatar that was allegedly taken from Guardians of Eden was independently created by Cameron prior to his meetings with Morawski," says the ruling.

Cameron isn't entirely finished contending with idea theft lawsuits on Avatar.

Read More... http://www.hollywoodreporter.com/thr-esq/james-cameron-wins-avatar-theft-418142