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Greed? | 234 comments | Create New Account
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Greed?
Authored by: dio gratia on Monday, November 12 2012 @ 09:37 PM EST

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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