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.

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A Lifetime of Stolen Artwork - "Kung Fu Panda" Lawsuit

An artist says his works were stolen
Hollywood studios are sued left and right for stealing ideas to create films and TV shows. These copyright-infringement lawsuits nearly always are dismissed before they ever get to trial thanks to the high bar in demonstrating "substantial similarity" between works.

But one plaintiff actually might get to trial.
Late last week, a federal judge denied a summary judgment motion made by DreamWorks Animation and Paramount Pictures over an artist's claim of having his work taken for the 2008 hit film Kung Fu Panda, which grossed more than $630 million worldwide.

Read the full ruling here... http://www.scribd.com/doc/133676805/Panda

The judge's decision potentially sets the stage for an uncommon occurrence in Hollywood: a trial concerning a major studio in which a jury would determine whether the plaintiff's work was stolen or the studio independently created its hit film.

Gordon brought the lawsuit in Massachusetts federal court in February 2011 and is looking for statutory damages and any profits obtained from allegedly wrongful acts.

According to his (amended complaint... http://www.scribd.com/doc/133676995/panda2 , Gordon has spent much of his lifetime creating characters and storylines including the "Kung Fu Panda property," which he says was developed in the 1990s. He says his work featured "a Kung Fu fighting giant panda who likes to eat; his companion, a rare small red panda who also is a Kung Fu fighter; and a Kung Fu fighting super group known as the “Five Fists of Fury” that consists of a tiger, crane, mantis, monkey and a venomless snake."

The plaintiff said he registered the work with the Copyright Office in 2000.

Read More... http://www.hollywoodreporter.com/thr-esq/judge-delivers-setback-dreamworks-kung-432380