by L. Gregory Henley

The use and reuse of content created (e.g., music, video, books, artwork, photos) can be a controversial topic.  Some think that reusing someone else’s content is okay, especially if it is in the public domain.  In fact, some artists want their work distributed as widely as possible and are comfortable with others re-using it.  There are even outlets that allow for work to be re-used with specific types of attribution typically requested.

However, some Content Creators depend upon compensation for their work to live or believe that their work has monetary value.  They consider that their work is their Intellectual Property, just as an inventor considers her work to be Intellectual Property.  Many inventors will protect their Intellectual Property by obtaining a Patent from the US Patent and Trademark Office.

For Creatives who are less likely to agree to their work being reused without their permission, especially if those reusing their work are getting compensated for that work, a legal remedy may involve the use of US Copyright law. This brief article is not intended to delve into Copyright law, but to identify several specific examples of cases where the Creator used Copyright law when he or she thought that their work was being taken advantage of.

Mike Tyson’s face tattoo was the subject of the first example as it was reported that tattoo artist S. Victor Whitmill sued Warner Bros. when Warner Bros. used the tattoo in the movie, ‘The Hangover II’ (https://youtu.be/KRBzWtOy1PY).

Whitmill claimed that the tattoo was designed exclusively for Tyson and, therefore, was a copyrighted work. He claimed that Warner Bros. had no right to use his work in the film or any promotional material for the film.  The claim almost held up the film’s release, but the sides reportedly settled for an undisclosed amount.

The film ‘Avatar’ (https://youtu.be/5PSNL1qE6VY) is the second example of a reported copyright infringement lawsuit being brought against a film.  Album cover artist William Dean brought suit against director James Cameron and Twentieth Century Fox claiming that Pandora’s look is similar to the fantasy landscapes he developed in artwork for several books.  Dean also claimed further similarities to his work, including the foliage, floating islands, stonework and aliens.

Among other demands, Dean sought up to $50 million. Many Creatives are not aware that they are able to protect their Intellectual Property or the most effective way to do it.  The Georgia Intellectual Property Alliance (GIPA) and it Entertainment Arts & Sports Committee can help show you how.

The above cases and a few more involving films (‘Captain Phillips’; ‘Drive’; ‘Borat’; ‘Black Swan’; ‘Natural Born Killers’; can be read about by clicking here.

Dr. L Gregory Henley is the creator of Nexxt Productions, Inc., “The Entrepreneur Nexxt Door” and is an EAS IP Committee Member.