You might question the motivation. Note the executor didn't pursue action
against then Senator Obama for his speech in Philadelphia, March
18, 2008.
It might be for publicity as well, perhaps in the hopes of
renewing interest in Faulkner's works by the movie industry. Mr. Caplin in
addition to being a lawyer is a producer. The suit appears to have been reported
first in the Hollywood Reporter where incidentally you can read the
complaint.
In addition to the "infringing quote", "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 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." Complaint at
22.
Excuse me, William Faulkner died when I was in 3rd grade, and before
copyright was extended retroactively I might add. It's unlikely anyone is going
to be deceived into believing any connection between the deceased and the
release in 2011 of the film. It's a trademark claim (15 USC ยง 1051). Extending
through trademark to literary works rights of attribution only recognized for
works of visual art.
There's a recent paper on this case in particular (
Trademarklawpocalypse ) leading to the inference the trademark claim is for
purposes of making the complaint harder to dismiss.
There's also a lawsuit
against The Washington Post and Northrop Grumman over a different quote in a
full page ad. [ Reply to This | Parent | # ]
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