Faulkner Estate Sues Sony Pictures Because Owen Wilson Quoted Nine Words (Incorrectly)
from the permission-culture dept
Wow. We've heard about all sorts of crazy copyright lawsuits, but every so often you get one that just makes you sit back and wonder at the amazing chutzpah it must have taken for a lawyer to actually go forward and file a case. This is one of those times. The estate of William Faulkner, Faulkner Literary Rights LLC, has sued Sony Pictures Classics and a bunch of movie distributors over the Woody Allen movie Midnight in Paris.At one point in the movie the lead character, played by Owen Wilson, misquotes a nine-word William Faulkner quote. Quoting directly from the lawsuit:
In describing his experiences, Pender speaks the following lines (the "Infringing Quote"): "The past is not dead! Actually, it's not even past. You know who said that? Faulkner. And he was right. And I met him, too. I ran into him at a dinner party."The lawsuit points out that the book first was registered with the copyright office in 1951 and it was renewed in 1979. I don't think anyone doubts that the copyright on the book is legit -- but, seriously? He quoted nine words (really eight if you drop one for the error in the quote). This has to qualify as either de minimis use or fair use, at the very least. And, seriously, what kind of harm does the Faulkner estate really think happened here? The filing misstates the nature of copyright law, arguing that it has the exclusive right to reproduce or distribute the quote -- completely ignoring fair use or de minimis use as possibilities that push back on that "exclusive right."
The Infringing Quote is taken from a passage in the William Faulkner book "Requiem for a Nun" ("the Book"), where it reads: "The past is never dead. It's not even past." ("the Original Quote").
Beyond that, they try an even more ridiculous argument, dropping into the Lanham Act (trademark law) claiming (ridiculously):
The use of the Infringing Quote and of William Faulkner's name in the Infringing Film is likely to cause confusion, to cause mistake, and/or to deceive the Infringing Film's viewers as to perceived affiliation, connection or association between William Faulkner and his works, on the one hand, and Sony, on the other hand.To which we can only think to ask... who, exactly, could possibly be confused by this? Seriously. Faulkner died in 1962. I don't think anyone thinks he's officially affiliated with the movie. Hell, even if he was alive, we're talking about eight words misquoted.
The use of the Infringing Quote and of William Faulkner's name in the Infringing Film is likely to cause confusion, to cause mistake, and/or to deceive the Infringing Film's viewers as to the origin, sponsorship or approval of Sony's goods, services, or commercial activity by William Faulkner and/or his written works.
Oh, and did we mention that the Faulkner estate claims that Sony's actions here were malicious, fraudulent, deliberate and/or willful. Or, you know, perhaps it just knows that quoting 8 words from William Faulkner doesn't infringe a damn thing. Later, they argue that the use of Faulkner's name was "grossly negligent." Because, you know, mentioning actual human beings without their permission is against the law... other than the fact that it's not.
Even the awesome folks over at Courthouse News, who tend to be a "just the facts" kind of organization couldn't resist adding some commentary on this particular case:
Although Courthouse News customarily refrains from commenting upon litigation in the story in which the lawsuit is reported, and at risk of offending the shade, or estate, of Charles Dickens: This is a far, far weirder thing than Sony has ever done.As we've described in the past, the insurance companies that back movie productions are notoriously risk averse on IP things, and they have lawyers trained in this kind of thing go through movies bit by bit to make sure every possible bit of copyright or trademark issue has clearance or they won't approve errors and omissions insurance (E&O). They take this process pretty seriously (quite often too seriously). If this bit got through that process unscathed, it seems likely that Sony (and its insurers) are quite confident that this sort of thing is completely legit.
Hopefully Sony Pictures doesn't wimp out and pay the Faulkner Literary Rights folks to go away. This is a case worth fighting, and you'd have to hope that Sony recognizes that it's quite likely to succeed in court.
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Filed Under: copyright, owen wilson, quotes, trademark, william faulkner, woody allen
Companies: faulkner literary rights, sony pictures
Reader Comments
The First Word
“Wait...
Isn't it just as bad then for the Faulkner estate to quote the non-Faulkner parts of the movie in the lawsuit? Are they allowed to even talk about the movie dialog that is not the supposed infringing quote lest they run afoul of their own standards?Subscribe: RSS
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oh noes!
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Reeks of the Associated Press
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Also, their suit should be thrown out for using "quote" when they meant "quotation".
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Re:
This kind of language may be common practice in law, for all I know, but it's deliberately confusing at best. If I were council for the defense I'd be seriously tempted to start with "Your Honor, the defendant (hereafter to be known as "the Innocent Defendant") in this suit ("the Frivolous Lawsuit") brought by the council ("the Incompetent Lawyers") for the plaintiff ("the Feckless Parasites")...
Yeah, I can see why I wouldn't get far as a lawyer.
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Raid the house of every CEO in America and take away all their copies of "Atlas Shrugged".
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I'd love to see copyright reverted to an earlier state. Say 10 or 20 years and not transferable (except to a widow) and non-renewable. And not attributable to corporate entities beyond limited partnerships.
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Reap what you sow
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On second thoughts success in this case would result in the courts collapsing under the copyright load, which would either result in strict limits on copyright, or its death.
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Counter-claim!
Please, Sony?
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When the DS9 people inserted their guys into the fight scene in their tribbles crossover, they remarked on how theatrical the original actors' moves were and had to adjust their staging by opening up the new fighters' arm-swings, having them reel back more exaggeratedly. Shakespeare would have understood that type of acting.
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Actually, the copyright is NOT "legit", should be expired.
It's a nuanced, thought-ed position that ACs and pirates may not grasp.
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Re: Actually, the copyright is NOT "legit", should be expired.
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Re: Actually, the copyright is NOT "legit", should be expired.
From what point of view are you talking about?
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Re: Actually, the copyright is NOT "legit", should be expired.
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Wait...
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I hope the Faulkner estate wins because if Hollywood is intent on making use of previously published material then they need to make sure that what they are using is being used in an appropriate manner.
Hollywood is always throwing copyright lawsuits out there and now they are on the receiving end of such a copyright lawsuit for using works of fiction in a manner that disrespects the original work.
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No, they specifically and emphatically do not need to make sure they're using his work in "an appropriate manner". Such a requirement does not exist in law, and if it did would have widespread and alarming impacts on the ability to exercise free speech.
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2. *besides* the absolutely minimal quote (WHICH IS "WRONG", *how* can they sue over a 'wrong' quote ? ? ? the mind boggles...); *besides* the transformative use; *besides* not knowing if in context it is a satire/parody of some sort; *besides* the moral/business dilemma of X number of generations after his death his heirs *still* milking his corpse; *besides* NO ONE ON THE PLANET being 'confused', or faulkner's work being 'diluted' or 'maligned' in some fashion, WHO is 'harmed' by the NATURAL SHARING/QUOTING of OUR COLLECTIVE culture ? ? ?
3. i will point out this oh-so-minor factoid:
it is NOT disney who made (fill in the blank with ideas/movies stolen from OUR culture) popular and confers some sort of 'value' on it, it is SOCIETY as a whole who made it popular (for a multitude of reasons)...
it is NOT nike who made the swooshtika popular and gives it some sort of 'value', it is SOCIETY's choices that made nike and the associated swooshtika 'popular' AND a part of our COLLECTIVE CULTURE...
it is NOT faulkner -and DEFINITELY not his parasitic heirs- who embraced his own writings and thought so highly of his own writing that it became popular, it is US as a society who chose his writings and made them popular and they became a part of our COLLECTIVE CULTURE...
write the greatest, most inspired, most meaningful, most beautiful novel in the world...
now, go put it in a drawer and see how far that gets your precious creation...
it is ONLY the SHARING and the public's subsequent caring that confers ANY 'value' on those works, PERIOD...
WE give them value, not time-warner-disney-faulkner-etc...
oh, and yes, to the pedant in this thread, 'quote' is quite acceptable to use as a form of 'quotation'...
you can quotation me on that...
hee hee hee
art guerrilla
aka ann archy
eof
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As I get to the bottom of this terrible post, I realized that I was the pedant in question. So allow me to be pedantic.
Capitalize your sentences and proper names correctly. Quit randomly emphasizing words through full capitalization. If you start a list by numbering each point, don't quit when you run out of numbers that you have memorized; it wouldn't have taken you much effort to look up 4-8. One punctuation mark is sufficient to end a sentence; three implies a brain disorder. Wrapping a word in quotation marks to emphasis the word is stupid, unless you are trying to annoy Douglas Hofstadter by subverting the use/mean distinction. And lastly, though this is not an exhaustive list, "quote" as a noun is only acceptable if you're talking to a contractor.
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B. upright writing written right is boring... i like to play with words and minds...
IV. please tell it to john dos passos and archy...
X. you have shown you value style over substance; thank you for outing yourself as an authoritarian...
Z. you gotta take the 'parasitic heirs' with the whacked out ellipsis...
totherwise, FOAD...
art guerrilla
aka ann archy
art guerrilla at windstream dot net
eof
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Why would you make such a ridiculous assertion without any form of explanation? How this use is inappropriate in any way whatsoever?
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Legalized Extortion
Since nothing has been heard lately from Mr. Faulkner, I wish a plague on both entities.
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Copyright is about the actual expression of an idea. Not the idea itself. If you garble up the words, it's not the same manifestation.
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More MAFIAA News coming probably within moments.
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Faulkner vs Sony
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Re: Faulkner vs Sony
Misleading and untrue as a blanket statement.
Congress did not decide that. It's the other way around -- congress decided to grant limited-term monopolies to art. Public communication of any sort places the communication in the public domain by definition. It took a special law to restrain that.
Since he didn't really quote Faulkner, he did write something different (better is a subjective determination), but let's pretend it's an accurate quote.
Typically, people quote famous figures not because the phrase is so well written that they couldn't come up with something better, but because the importance of it is that the famous figure said it.
Nothing, if you want to. But it shouldn't be necessary to pay money to make references to our cultural heritage. If it is, it means we have no real culture, only commerce.
Nothing was stolen, even ignoring the whole copyright violation is not theft argument. Faulkner was credited, nobody is claiming his words as their own.
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Re: Faulkner vs Sony
Licensing is so important it needs a capital L now?
A better question is why does Faulkner's estate, who had zero productive input into his works, deserve any money if someone quotes his work? Don't blah, blah about copyright law, tell us why they deserve an income for doing nothing. And for a bonus point, explain how that's different to your incorrect claim that "the public wants everything for free".
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Someone's gotta pay!
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Re: Someone's gotta pay!
This is very harmful to his reputation and may cause some people to avoid his new works because everyone believes movies are real.
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By definition, a misquotation CANNOT match the expression of the idea that was protected by copyright in the first place. If it did, it would not be a misquotation!
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Prophetic?
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Those motherfaulkners...
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Right...
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...Sony recognizes that it's quite likely to succeed in court...
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