(Photo taken from Media Institute)
How many times have you seen this sign and others similar to it on your DVDs? Have you ever paid any attention to them? So you guys know that I am a film buff and would even go a little further to call myself a film fanatic. Being so, one has to not only pay close attention to what is taking place on the silver screen but also know about that which occurs behind the scenes as well. So for your knowledge, I will provide some information and insight on the area of legal issues and liabilities within the film industry. I will start off by defining and giving examples, in forms of recent and actual legal cases, of those particular legal liabilities such as copyright infringement, trademark infringement, and intellectual property clearance violation.
Let’s begin with copyright infringement, which according to the U.S. Copyright Office, “occurs when a copyrighted work is made into a derivative work without the permission of the copyright owner” (U.S. Copyright Office, 2012). This is a very simple and informative statement that carries a lot of weight. There are many legal cases in which copyright infringement takes place for a multitude of reasons.
One particular case, that I remember pretty well, that dealt with this legal issue was centered around the film documentary “More than a Game”, which happens to be one of my favorite films. The film gives a visual account of LeBron James and his childhood friends/teammates’ bond and ascension through basketball. The film did very well with the audiences and film critics but did not go without its share of problems. The chant that the teammates used within the movie, “We Ready”, was remixed “into a hip hop song, by an artist named Ya Boy and put into the film’s soundtrack” (E. Gardner, 2011). A lawsuit between a Mr. Mason Hall and Lionsgate Films soon followed due to Mr. Hall stating that he composed a copyrighted version of the same song and title. Before Mr. Hall could pursue his case of “copyright infringement”, “he had to convince a judge that his song in question is really his” (E. Gardner, 2011).
The next liability is trademark infringement, which is a “violation of exclusive rights that are attached to a trademark without the authorization of the trademark owner” (Forbes, 2010). Being a big fan of the Godfather Trilogy and Marlon Brando, I’ve read about a lawsuit between Brando Enterprises and Rooms To Go. Sounds like two things that definitely have no comparison right?! Anyway, the case between the two parties claimed that Rooms To Go unlawfully violated trademark rights by naming a line of “sofas and sectionals as the Brando” (E. Gardner, 2011).
My final legal controversy would be that of intellectual property clearance violation, which is another form of copyright infringement. Many cases of clearance violation happen on a reoccurring basis over the use of intellectual property such as literary, music, etc. One case that sticks out in my mind would be that of the movie “All Things Fall Apart” starring Curtis “50 Cent” Jackson and Mario Van Peebles. The film went through a title change because it never received clearance from famed author Chinua Achebe, whom wrote the 1958 classic novel “Things Fall Apart”, which the film was originally titled. “50 Cent tried to settle out of court and receive use of the title by offering Achebe’s Foundation $1 Million dollars, but the foundation refused” (BET, 2011). These events and the final renaming of the film prolonged the release of the movie until the following year.
These cases reflect many of the legal issues that occur within the film industry. These legal issues are easy to occur without the proper time and attention being used to give the proper credit and/or gain the proper clearance. All of the cases presented could have been avoided by taking the proper precautions and research. So next time you watch your favorite film, take a minute and ponder the legalities that occurred to get it to the silver screen. Also make sure to pay attention to the copyright and trademark violation screenshots at the beginning and end of the film. DON”T TAKE IT FOR GRANTED!
(Picture taken from the Media Institute)
References:
(E. Gardner, 2011.) Hollywood Reporter. Lionsgate Sued Over Music Used In LeBron James Documentary. Retrieved from: http://www.hollywoodreporter.com/thr-esq/lionsgate-sued-music-used-lebron-232957
(E. Gardner, 2011.) Hollywood Reporter. Marlon Brando Estate Sues Over "Brando" Sofas. Retrieved from: http://www.hollywoodreporter.com/thr-esq/marlon-brando-estate-sues-brando-223596
(BET Staff, 2011.) BET Music. Famed Nigerian Author Wins Legal Battle Against 50 Cent. Retrieved from: http://www.bet.com/news/music/2011/09/14/famed-nigerian-author-wins-suit-against-50-cent.html
(K. Watson, 2010.) Forbes. Crash Course In Trademark Infringement. Retrieved from: http://www.forbes.com/2010/11/08/trademark-infringment-business-name-forbes-woman-entrepreneurs-rebranding.html
(No Author, 2012.) U.S. Copyright Office. Definitions. Retrieved from: http://www.copyright.gov/help/faq/faq-definitions.html
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