Filmmaker's Dream Blog

Lawsuits in the Film Industry
Lawsuits happen all the time, but it's always more interesting when it's in the entertainment field open for everyone to probe. I have decided to get the scoop on a few interesting lawsuits dealing with three types of issues. All of these types of lawsuits can help you with figuring out how your legal agreements should go when dealing with your own production company or working for someone else.

1.  'Cowboys and Aliens', was released this past fall of 2011 and held an interesting concept. So interesting, that the true creator, Steven Busti, recognized the storyline came from a comic book he wrote back in 1994, 17 years before the movie was produced and released.  Steven Busti is suing the producers for copyright infringement as well as unspecified damages. Many people questioned if it was just a coincidence or if the producers really knew about the story prior to producing the film. Steven Busti stated that the comic book was featured in the Comic Shop News which also featured a story about Scott Rosenburg, who is the producer for the film. I feel that Steven has every right to sue for copyright infringement. Rosenburg could have simply asked for permission or given a share to Busti for using his concept or story. So far, no producers have responded to the lawsuit. Always protect yourself in situations like these, no matter how small you may view your idea, someone may think of it as a great stepping stone for something they want to create as well. View the story here: Busti vs. Producers of 'Cowboys and Aliens'
2. Ed Helms' stunt double claims a set accident caused brain injuries from the film 'Hangover 2'. Scott Mclean took on the role as a stunt double for Ed Helms in the film Hangover 2 which was released last summer. The film was shot in Bangkok, Thailand. Mclean was badly injured when a stunt went terribly wrong during a car accident scene. Mclean is suing Warner Brothers for a stunt where he had to lean out of a window of a moving truck. Another car lost control and resulted in a major collision.  The stunt coordinator changed the timing on everything which caused the accident to go wrong. Precision and timing is everything when it comes to serious stunts like these. Mclean suffered seizures, speech impediments, brain trauma, and physical impediments. I feel that Mclean has a good reason to sue Warner Bros. for the stunt that went wrong in a situation that could have turned fatal. When dealing with stunt doubles of your own it is important to have agreements, safety, and someone experienced in the medical field on set of shooting your film. View the story here: Ed Helms Stunt Double Sues Warner Bros.
3. George Lucas loses Star Wars copyright case at Supreme Court. The prop designer, Andrew Ainsworth, who created the helmets for the Stormtrooper sues George Lucas for being able to have right and freewill to sell his own replicas for what he created. The supreme court ruled that the director's copyright had been violated in the United States. Although some copyright materials were violated, the court continued to make the decision to allow Ainsworth to sell his replicas. In 2004, Lucasfilm stated that he violated intellectual property rights and has no right to sell them. Lucasfilm also stated Lucasfilm remains committed to aggressively protecting its intellectual property rights”-Lucasfilm. This is a tricky situation, with the film being so iconic any characters or products used in the film are highly noticeable if used elsewhere. At the same time, because the film has been around so long and everyone knows about it, what harm is it really doing by selling a particular costume replica. Also, Ainsworth created those, and without him they wouldn't exist to begin with. I understand both sides to this case, but I think it ended fairly. Always protect your creative content that you do for anyone other than yourself. View the story here: George Lucas loses some rights to Star Wars

References: 
TMZ Staff. (2011, December 1). [Web log message]. Retrieved from http://www.tmz.com/2011/12/01/cowboys-and-aliens-lawsuit-copyright-infringement-comic-book/

TMZ Staff. (2011, August 31). [Web log message]. Retrieved from http://www.tmz.com/2011/08/31/ed-helms-stunt-double-hangover-2-bangkok-thailand-brain-injuries/

BBC. (2011, July 27). [Web log message]. Retrieved from http://www.bbc.co.uk/news/uk-14287864