(1981) Tags: United Artists
Burroughs v. Metro-Goldwyn-Mayer, Inc.
Plaintiffs commenced this action against defendants for copyright infringement arising from defendant MGM’s 1981 remake of the film “Tarzan, The Ape Man.”
Edgar Rice Burroughs wrote the first of his Tarzan works “Tarzan of the Apes,” in 1912. In 1923, Burroughs transferred all of his rights including his copyright interest in “Tarzan of the Apes” to Edgar Rice Burroughs, Inc. Burroughs, Inc. was formed by the author in 1923 and is now beneficially owned by the individual plaintiffs, the Burroughs heirs. Since 1923, Burroughs, Inc. has functioned as the licensing entity for literary rights and copyrights in the author’s works.
In April, 1931, MGM entered into an agreement with Burroughs, Inc. and the author individually, under which MGM acquired the right to use the Tarzan character and other characters appearing in the then existing works of the author in an original story to be created by MGM as a screenplay for a motion picture. MGM also acquired the right to produce remakes of the first film. The only limitation placed on this right was that each remake had to bear the same title as the original MGM film and had to be based substantially on the first MGM photoplay, without material changes or material departures from the original MGM story line.
In 1932, MGM released its first Tarzan movie. The movie was based on an original MGM screenplay utilizing Tarzan and other characters created and developed in the books of Edgar Rice Burroughs. In 1959, MGM issued a remake of the film “Tarzan, The Ape Man.” On December 12, 1977, John Coleman Burroughs and Hulbert Burroughs, the two sons of the late author, served on Burroughs, Inc. a Notice of Termination of the renewal copyright interest that the family corporation held in the works of the author under the 1923 agreement.
Marion T. Burroughs, a director and the chief operating officer of Burroughs, Inc., received the termination notice on behalf of Burroughs. She subsequently turned it over to the corporation’s attorneys but neither she nor corporate counsel notified MGM of the purported termination of Burroughs, Inc.’s rights in the works of Edgar Rice Burroughs. MGM did not learn of the 1977 termination sent to Burroughs, Inc. until January 1980, after the termination purportedly became effective. By that time MGM already had commenced development work on the present “Tarzan, The Ape Man” film.
Plaintiff seeks to enjoin defendants from releasing and distributing the 1981 MGM film, “Tarzan, The Ape Man,” on the scheduled July 24, 1981 release date.