Buzz
Lawsuits involving movies and filmmakers often arise from issues like copyright violation, claims of plagiarism, or disputed facts in films based on true events. Sometimes, these legal actions are simply a strategy to claim a share of a blockbuster's earnings. Below are eight films that sparked significant legal disputes.
1. Captain Phillips (2013) The Lawsuit: The crew of the MV Maersk Alabama vs. Waterman Steamship Corporation and Maersk Line, Limited
The latest offering from British director Paul Greengrass depicts the courageous journey of Captain Richard Phillips, who was at the helm of the MV Maersk Alabama when Somali pirates seized the cargo ship in 2009.
While the film portrayed Phillips as an ordinary man who did everything in his power to thwart the hijacking, the crew of the actual MV Maersk Alabama saw things quite differently. The crew argues [PDF] that Captain Phillips deliberately sailed into pirate-prone waters to save time and costs, ignoring multiple warnings and opting for a dangerous shortcut instead of steering clear of disaster by staying further away from the African coastline.
The lawsuit [PDF] filed against the shipping company claims that it was the Navy and crew members, not Captain Phillips, who were the real heroes in the fight against the hijackers, as depicted in the movie. “I want audiences to know that the true heroes were the Navy snipers and personnel who saved the shipping company and Captain Phillips,” said Brian Beckcom, the lawyer representing nine former members of the MV Maersk Alabama crew, who were hailed as “brave crew members who stood their ground against the pirates.” The lawsuit seeks unspecified damages, with the plaintiffs claiming physical and emotional harm sustained during the violent confrontation.
2. Drive (2011) The Lawsuit: Sarah Deming vs. FilmDistrict and Emagine Theaters, Novi, Michigan
In October 2011, Sarah Deming, a Michigan resident, filed a lawsuit [PDF] against Emagine Novi theater and FilmDistrict Distribution over what she called a misleading trailer for Drive, a film starring Ryan Gosling, Carey Mulligan, and Albert Brooks.
Deming argued that the movie was marketed as though it were part of the Fast and Furious franchise or a similar action series. She was disappointed to find that Drive was a slow-paced, artistic film with very little emphasis on car chases, contrary to what the trailer suggested. Additionally, Deming included the theater in the lawsuit under Michigan’s Consumer Protection Act, claiming that the film was anti-Semitic for portraying Jewish characters in an unfair and stereotypical manner.
Deming pursued statutory damages under Michigan's Consumer Protection Act, demanded a warning about the film’s anti-Semitic elements, and sought class action certification for the case. The trial judge ruled in favor of the defendants, and on October 15, 2013, the appellate court upheld the decision, rejecting her appeal.
3. The Hangover Part II (2011) The Lawsuit: S. Victor Whitmill vs. Warner Bros.
In April 2011, tattoo artist S. Victor Whitmill filed a lawsuit [PDF] against Warner Bros. for copyright infringement related to the movie The Hangover Part II. In the film, Stu (Ed Helms) wakes up after a wild night in a Bangkok hotel to find a tattoo that mirrors Mike Tyson’s famous tribal face tattoo. Whitmill, who designed the tattoo for Tyson, argued that it was a copyrighted work and claimed Warner Bros. had no right to feature it in the film or its promotional materials.
The lawsuit nearly jeopardized the film’s release, with the possibility that if a settlement couldn’t be reached, the tattoo would have to be digitally removed from Helms’ face for the home video release. Ultimately, Warner Bros. reached a settlement with Whitmill for an undisclosed amount, and The Hangover Part II went on to gross $581.4 million globally.
4. Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan (2006) The Lawsuit: Justin Seay and Christopher Rotunda vs. Sacha Baron-Cohen and Twentieth Century Fox
In 2006, two University of South Carolina fraternity brothers filed a defamation lawsuit against the makers of the comedy Borat, claiming they were unfairly depicted. The film showed Christopher Rotunda and Justin Seay making racist and sexist remarks while heavily intoxicated on camera. Despite having signed a comprehensive release form agreeing not to sue the filmmakers, they sought to remove their scenes from the DVD release of the film. The lawsuit was dismissed by a Los Angeles judge in early 2007.
5. Black Swan (2010) The Lawsuit: Eric Glatt and Alexander Footman, et al. vs. Fox Searchlight and Fox Entertainment Group
In 2011, two interns working on Darren Aronofsky’s Black Swan brought a lawsuit against Fox. Eric Glatt, who worked in accounting, and Alexander Footman, who worked in production, claimed they did not receive pay or college credit for their work, arguing that this violated both state and federal labor laws.
Glatt stated he worked five days a week, 40 to 50 hours per week, for over a year, while Footman worked a similar schedule for 95 days. Neither received any compensation, benefits, or college credits. The pair sought class damages for unpaid wages and an injunction to prevent Fox Searchlight from using unpaid interns for future productions.
The Federal Court Judge sided with Glatt and Footman, ruling that under the Fair Labor Standards Act and New York Labor Law, they should be classified as employees, not unpaid interns. Fox is now attempting to reverse the court’s decision in the Court of Appeals.
6. Natural Born Killers (1994) The Lawsuit: Patsy Ann Byers, et al. vs. Oliver Stone, Time Warner, Inc., et al.
In 1995, Sarah Edmondson and her boyfriend Benjamin James Darras went on a violent crime spree through Mississippi and Louisiana after watching Oliver Stone’s controversial film Natural Born Killers. While in Louisiana, Edmondson shot convenience store cashier Patsy Byers, leaving her a quadriplegic. Byers filed a lawsuit in 1996 against both her assailants and the filmmakers behind Natural Born Killers, claiming that the violence in the movie inspired Edmondson and Darras to commit similar crimes. The case was dismissed by the court in 1997, just months before Byers passed away from cancer.
In 2001, Judge Robert Morrison dropped the lawsuit on the grounds that there was insufficient evidence to show that Stone or Time Warner intentionally encouraged violence. The Louisiana Court of Appeals rejected the appeal [PDF] filed by the Byers family's attorney, and the lawsuit was officially closed.
7. Avatar (2009) The Lawsuit: William Roger Dean vs. James Cameron, Twentieth Century Fox, et al.
In June 2013, album cover artist William Roger Dean filed a lawsuit [PDF] against James Cameron and Twentieth Century Fox for copyright infringement over the design of the alien world in Avatar. Dean argued that Pandora’s landscape closely resembled the fantasy settings depicted in his works, including the books Magnetic Storm, Views, and Dragon’s Dream. The lawsuit pointed to several specific elements from the 3D film, such as the planet's plant life, floating islands, stone arches, and the design of the creatures.
William Roger Dean, known for his iconic album covers for rock legends like Yes and Asia, is seeking over $50 million in damages. He is demanding an injunction against further distribution, a full accounting of any profits, and a court ruling that confirms James Cameron copied his work. Dean also wants to ensure that his rights are enforced for current and any future Avatar projects.
8. Pixar Animation The Lawsuit: Luxo vs. Walt Disney Company
In 2009, Norwegian lamp manufacturer Luxo sued Pixar and its parent company Walt Disney over copyright infringement. While Luxo had tolerated Pixar’s use of their design since the release of John Lasseter’s 1986 short film Luxo Jr., the company filed a lawsuit when Pixar began selling replicas of the Luxo Jr. lamp as part of a special Blu-ray release for the movie UP without obtaining their consent. The complaint also pointed out the use of the Luxo name on a six-foot animatronic lamp at Disney's Hollywood Studios in Florida.
A few months later, Disney and Luxo reached a settlement and the lawsuit was dismissed. For now, Luxo has no issues with any “artistic renditions” of their signature lamp. Since 1986, Luxo Jr. has served as Pixar’s mascot.
