(1957) Tags: Paramount
Stanley Donen v. Paramount Pictures Corporation
Plaintiff Stanley Donen was the director of the motion picture “Funny Face”, which was distributed by Defendant Paramount Pictures. Plaintiff alleges that he was the creator and author of the most significant parts of the film, including creation and control of the “design, filming and editing of a famous scene in the film in which Audrey Hepburn does an original and highly unique dance” (the “Dance Scene”).
Paramount first registered the copyright of the Motion Picture Funny Face in 1957, renewed the copyright in 1984, and is the current owner of the Motion Picture’s copyright. However, director Stanley Donen alleges that he never had a written employment contract with Paramount regarding the Motion Picture, whereby he conveyed his interest to Paramount. Plaintiff alleges that he is either the rightful sole owner or co-owner of the copyright in the Motion Picture, or owner of the Dance Scene as a separate component; the rights to which Paramount holds for him “in trust.” For the last 50 years, Plaintiff alleges that he “acquiesced” in Paramount’s licensing the Motion Picture as an “entire” work to others for exhibition in theaters, television, and “subsequently developed media.”
In 2006, through its sister company Defendant Viacom Consumer Products, Paramount licensed the use of the Dance Scene to Defendant The Gap. Gap used the scene in 30 and 60 second television commercials advertising its clothing stores and merchandise and, in particular, “ladies pants.” Plaintiff alleges that Gap’s use infringed his copyright, because he never intended or “acquiesced” to the Motion Picture’s use in a third party’s commercial advertisement. Plaintiff thus brought suit alleging alternatively copyright infringement or an accounting, and breach of implied contract.