Yet Another Person Sues, Claiming James Cameron Copied The Idea For Avatar
from the and-on-and-on-and-on dept
People really have an incredible ability to assume that only they could possibly have a very common idea. Lots of people have pointed out that James Cameron's Avatar seems similar to all sorts of stories. In fact, the site io9 put together a giant list of books and movies that some claimed were copied by Cameron. And, of course, we've already mentioned two separate lawsuits. Well, now we can add a third one to the list, and it has just as much a chance to succeed as the others. In this case, it's made even more ridiculous by the fact that the book in question was written after Cameron was already working on Avatar.In most of the cases with these types of lawsuits, it seems like those suing are really just filing what they likely know is a bogus lawsuit to get publicity for their book/movie/etc. (which is why we're not naming the book in this case). But, it does highlight an important point that we've discussed plenty of times in the past: lots of people have ideas that are similar. Ideas, by themselves, are neither unique nor protectable. It's the execution or (within the copyright realm) the expression that is unique. Yet, too many people overvalue the idea and assume that only they could possibly have had it. The idea behind the story of Avatar is pretty simplistic and common, really. It's been done plenty of times before. The reason the movie is getting so much attention is because of the execution.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: avatar, copyright, expression, ideas, james cameron, stories
Reader Comments
Subscribe: RSS
View by: Time | Thread
The reason the movie is getting so much attention is because of the execution.
:)
[ link to this | view in chronology ]
I had a movie idea that has been infringed upon
Quite a few movies have brazenly stolen my unique and original idea! I should sue. I could make billions.
[ link to this | view in chronology ]
Yes - but
[ link to this | view in chronology ]
Romeo & Juliet, Dances with Wolves, etc
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
The funny thing about this is that people couldn't even agree about which movies Cameron was ripping off, there are so many with the same theme.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
I was fortunate to be given a RtB. CVS had a release-day special. Buy $25 of merchandise and get the movie for $5. I needed the merchandise anyway, so the movie was a bargain I could not pass up.
[ link to this | view in chronology ]
Question...
Is the reverse still true? What if the execution and/or expression is fairly similar, but the ideas are different? I've noticed that in my writing I tend to take on the tone, pace progression, and even some (very) vaguely similar actions and settings to whatever fiction I happen to be reading at the time I'm writing, but the plot/idea/theme is ENTIRELY different. I've worried that if the similarity is too close, that might mean trouble down the road.
What's the ruling on something like that?
[ link to this | view in chronology ]
Re: Question...
Answer probably lies somewhere in how the law treats derivative works and transformative uses.
[ link to this | view in chronology ]
JinX
So why are people calling jinx on James Cameraon for Avatar?
It is entirely possible for two people to have similar ideas!!! Even when it comes to the complexities of a movie, book, song, whatever. Not identical... but similar.
So how does patent/copyright law even begin to define if one person owns the rights to an idea over another person? This is getting rediculous.
[ link to this | view in chronology ]
Why? He's done it before
To be sure, this doesn't indicate that accusations about Avatar are necessarily true (or for that matter untrue), and it's a certainty that some of them are mere attempts at legal extortion because he has large pockets and a high profile, but it's not as though he doesn't have a track record of appropriation of others' work.
[ link to this | view in chronology ]
I figured out the plot progression and the outcome...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Published in 2003 to the Internet...
If Avatar would have tanked no "author" on the planet would care. Its only because it made a crap load of money.
This story of this woman is just ridiculous.
[ link to this | view in chronology ]
Yet Another Book ( or so ) to add to the list
[ link to this | view in chronology ]
[ link to this | view in chronology ]
The story of the Navi, being screwed by (almost entirely caucasian) mining groups, and the Navi culture seems to be almost entirely derived from African history rather than North American.
And cue the claims that Cameron ripped off 'Blood Diamond' and 'The Power of One'.
[ link to this | view in chronology ]
Re:
Which doesn't deny the probability that he also referenced the African Land Grab of the 1880s; or for that matter, the hideously undemocratic and underhanded way the Bureau of Indian Affairs and the Dept of Energy plotted against the Navaho and Hopi for the mineral wealth beneath their reservations.
Injustice is not confined to any one period in history ... sadly ...
[ link to this | view in chronology ]