(1993) Tags: Warner Bros.
Jackson v. Warner Bros., Inc.
Plaintiff Earl Jackson is an African-American artist whose works include two copyrighted paintings entitled “Following the Path” and “A Place of Crossing.” Defendant Warner Bros. allegedly purchased “A Place of Crossing” and “Following the Path,” two lithographs of Plaintiff’s original works for use in a feature film entitled, Made In America.
In 1993, Warner Bros. released Made In America, a romantic comedy starring actors, Whoopi Goldberg and Ted Danson. Whoopi Goldberg portrays Sarah, a single mother and owner of “African Queen,” a bookstore that sells African-American books and other cultural items. Her home is appropriately decorated with African art. During two scenes in the movie, Plaintiff’s paintings are displayed in Sarah’s living room and can be seen in the background.
Plaintiff instituted this action against Defendant alleging that Defendant’s use of his works in the film, Made in America, is a copyright infringement. Defendant never contracted with Plaintiff to obtain permission to use his art in its film and Plaintiff maintains that he would not have granted permission for Defendant’s use even if he had been asked prior to the film’s making. Plaintiff considers the movie “culturally exploitive.”