Sunday, January 11, 2015

Conflict in Entertainment

The entertainment industry is filled with incredible acts of creativity that stem from Grammy Award winning projects and Oscar Award winning films.  The stories that are being told are inspired by life experiences, historical moments, and unrealized dreams.  So what happens with the integrity of these projects is questioned?  Will the value of the work be destroyed?  Will the source of inspiration be scrutinized instead of revered?  These are important questions that lead to the recent conflicts in entertainment.  

Ablene Cooper, a 60-year-old woman who worked as a maid filed a lawsuit against Kathryn Stockett, the author of the best-selling novel "The Help."  The novel and Oscar Award Winning film were stories about black maids in the 1960s that worked for white families in Jackson, Mississippi.  Cooper argues that the character Aibileene Clark is an inappropriate depiction of her life, which has had negative impact causing emotional distress.  The potential damages to be awarded were in the amount of $75,000 due to the portrayal of the character.  The verdict in this case was in favor of Stockett and did not address the merits of the case but merely the statute of limitations for misappropriation claims of one year.  Because the author gave the plaintiff a copy of the book in 2009 and the lawsuit was not filed until 2011 the lawsuit was dismissed.  

Sony Pictures is now facing a class action lawsuit for personal data leak.  Cyber terrorism is the cause of this issue.  Although several movies were stolen, it is said that the movie, "The Interview," was the inspiration behind the cyber attack.  This film is a comedy about two journalists who conspire to kill the president of North Korea, Kim Jong-Un.  Based on severity of this claim it is believed that the persons responsible for hacking into Sony Pictures are from North Korea.  Not only did the hackers access the film prior to its release but they made it available for free download.  As many as 1.7 million free downloads have been accomplished preventing successful distribution and sale of this film in theaters. In addition to this these lawsuit artist, Yoon Mi, has filed a copyright claim for unauthorized used of her song in the movie.  

Tracy Morgan recently filed a lawsuit against Wal-Mart after being struck by one the company's driver causing an accident involving several vehicles, multiple injuries, and one fatality.  The claim includes details that the company had knowledge that the driver had not been to sleep in over 24 consecutive hours and failed to comply with the statue requiring drivers to sleep after reaching a threshold of miles prior to continuing route.  This accident cause national news on the recovery of Tracy Morgan and the issue of exhaustion among drivers in the truck driving industry.

All of these cases represent conflict in entertainment.  It is the responsibility of each employer to ensure that employees are compliant with ethical standards and applicable laws.  It is also crucial to obtain permission to use stories that are not your own and music from other artists. Each suit threatens to destroy trustworthy brands and first amendment rights.  Some cases are won by shear acts of kindness; knowledge of facts and others are won by retaliation.  It is clear and that in each case that each party is heavily armed with a team of lawyers petitioning on behalf of their clients.  There will be victories not based on the merits but mere adherence to statutes that have reached expiration.  




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