(1997) Tags: Paramount | Fox
Kennedy v. Paramount Pictures Corporation
Vijay v. Twentieth Century Fox Film Corporation
Cummings v. Cameron
Jorgensen v. Epic/Sony Records
American Federation of Musicians of the United States and Canada v. Columbia Pictures Industries, Inc.
Kennedy v. Paramount Pictures Corporation
Plaintiffs Princess Samantha Kennedy and Adam Clayton Urich, initiated this action by filing the Complaint against Defendant Paramount Pictures Corporation.
The Complaint alleges that the 1997 motion picture “Titanic” was copied from the unpublished biographical works of Plaintiff Princess Samantha Kennedy. The Complaint alleges that, prior to April 1993, Plaintiff Kennedy “created three work-in-progress scripts for an original motion picture entitled, `My Daddy Was a Whistleblower’ … and `Missing Pieces.'”
The Complaint alleges that “Defendant acquired [Plaintiff Kennedy’s] copyrighted material in the discovery process. The Complaint alleges that Plaintiff Urich is Plaintiff Kennedy’s son and “heir,” and that he is “entitled to money from the money made from [Plaintiff Kennedy’s] infringed work.” Plaintiffs request damages “in an amount exceeding $3 billion dollars.”
Judgment: The Complaint is dismissed with prejudice.
Vijay v. Twentieth Century Fox Film Corporation
In 1996, Plaintiff, a Los Angeles County resident professionally known as “Abrax Lorini,” went to a casting call and was hired for sixty dollars per day to be an extra in the motion picture entitled “Titanic.” When Plaintiff arrived on set, the film’s director, James Cameron, cast Plaintiff into the role of “Spindly Porter,” for which Plaintiff eventually spent an additional ninety days filming under Cameron’s direction. Plaintiff contends that because he was hired as an extra, he did not sign a work-for-hire agreement, nor was he an employee. He was not an industry union or guild member. Plaintiff’s performance was included in the final version of the film. From its many domestic and international releases, Titanic went on to earn over two billion dollars in gross for Defendants Twentieth Century Fox and Paramount Pictures.
Subsequently, Defendants Earthship, Lightstorm, Walden, and Disney produced a film called “Ghosts of the Abyss,” which also contained Plaintiff’s Titanic scenes. That film generated over thirty million dollars in gross. According to Plaintiff, whether or not a film uses performers who are existing and/or prospective members of a union, determines whether those performers may be entitled to payments for the results of their performances, including residual payments and foreign royalties. Plaintiff alleges that Defendants collectively failed to notify him of the entitlements to compensation, to use of his image, and to residuals and/or foreign royalties that his upgraded “principal performance” earned him. Accordingly, Plaintiff alleges five causes of action under California law: (1) Fraud by Concealment; (2) Right of Publicity; (3) Common Law Appropriation of Likeness; (4) Unfair Business Practices; and (5) Unjust Enrichment.
Judgment: In favor of Twentieth Century Fox Film Corp. et al. and against Plaintiff.
Cummings v. Cameron
Plaintiff alleges: Throughout the years (1995 to present) including to date, the Defendants, all, have used (Plaintiff’s) name/image/likeness/words/photograph/ideas/life history and life story/other originating with ONLY the Plaintiff, to promote themselves, and/or the (motion picture “Titanic” made by James Cameron, and Lightstorm Ent. Inc., and the Defendants all)/any subsequent re-release of same, including and specifically, the character of “Jack Dawson” which is based solely/wholly/only, on myself, Stephen Cummings, this lone sole Plaintiff. As is the (entirety of the interpersonal story line of the film, and other of the fictional characters ((such as “Rose”), -which are based wholly, solely, and only, on only the (interactions of myself this Plaintiff, with various Women, up to completion of the screenplay/and-or release of the film in 1997))).
Plaintiff seeks $300,000,000 in damages.
Judgment: The Complaint is DISMISSED with prejudice.
Jorgensen v. Epic/Sony Records
Pro se plaintiff John Jorgensen brought this copyright infringement action claiming that the song, My Heart Will Go On, performed by Celine Dion on the soundtrack to the film “Titanic”, infringed upon his copyrighted work Long Lost Lover.
Judgment: There is “nothing to support [an] allegation of a striking similarity” between Heart and Lover in this case. Defendant’s motion for summary judgment is granted.
American Federation of Musicians of the United States and Canada v. Columbia Pictures Industries, Inc.
The American Federation of Musicians of the United States and Canada asserts that Fox recycled 1 minute and 10 seconds of the music score from the theatrical motion picture Titanic and used the prohibited music in the theatrical motion picture This Means War;
(ii) 4 seconds of the music score from the theatrical motion picture Titanic was used in the theatrical motion picture This Means War.