UPDATE, 1:45 PM: One day after the rightsholder to the work of William Faulkner filed a copyright infringement lawsuit against Sony Pictures Classics over a quote used in Woody Allen’s 2011 film Midnight In Paris, the studio responded:
“This is a frivolous lawsuit and we are confident we will prevail in defending it. There is no question this brief reference (10 words) to a quote from a public speech Faulkner gave constitutes fair use and any claim to the contrary is without merit.” – Ann Boyd, SVP Global Communications Sony Pictures Entertainment.
PREVIOUSLY, OCT. 25, 4:22 PM: The rights holders to William Faulkner’s work say Sony Pictures Classics had no right to use a quote from the author’s Requiem For A Nun in Woody Allen’s2011 film Midnight In Paris. Faulkner Literary Rights filed suit (read it here) today against the studio in U.S. District Court in Mississippi for copyright infringement, commercial appropriation and violation of the Lanham Act. “Sony’s actions in distributing the Infringing Film were malicious, fraudulent, deliberate and/or willful,” says the six-page complaint. “Sony did not have Faulkner’s consent to appropriate William Faulkner’s name or his works for Sony’s advantage,” it adds. In Midnight In Paris, Gil Pender, the disillusioned Hollywood screenwriter played by Owen Wilson, says, “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 rightsholder say the slightly paraphrased quote could “deceive the infringing film’s viewers as to a perceived affiliation, connection or association between William Faulkner and his works, on the one hand, and Sony, on the other hand.”
Faulkner Literary Rights have requested a jury trial and is seeking an injunction against Sony Classics. They also want compensatory and punitive damages, legal fees and some of the movie’s profits. Midnight In Paris was Woody Allen’s highest-grossing film ever, bringing in $148.4 million worldwide. Interestingly, Allen, who wrote the script, is not named as a defendant. A sometimes Hollywood screenwriter himself as well as Pulitzer and Noble Prize winner later in life, Faulkner passed away in 1962. J. Cal Mayo Jr, Pope Mallette and Paul Watkins Jr of the Oxford, Miss, firm Mayo Mallette are representing Faulkner Literary Rights.
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I’m not sure a quote is enough for a lawsuit. It’s not like they made a movie from a Faulkner book without paying.
I’m sure it’s just a coincidence that the 1 time he’s sued for quoting a writer it’s for his biggest grossing movie. I suspect they’re fishing for a quick settlement.
This is the lamest money-grab ever to grace the servers of Deadline. I hope the Faulkner estate never sees any of my college term papers. When they see Faulkner’s name in the footnotes I’m screwed!
No chance in winning that suit, IMHO.
Ugh! Give me a break!
What maroons. Is there legal precedent for Sony et al to counter-sue Faulkner Literary Rights for being a$$holes? As William Faulkner said, “Facts and truth really don’t have much to do with each other.” Now sue me.
GIVE ME A FUCKING BREAK. So much for creativity freedom. When something sells, everybody wants a piece of it.
Shameful. The Faulkner estate is abusing its idealized version of Faulkner and perverting its supposed right to protect his image/material to make an extra buck for itself.
Faulkner was the ultimate disillusioned Hollywood screenwriter, yearning for the “magic” in the world outside of what was available to him. Precisely what this movie is about. I dare say, Faulkner would’ve not only approved the use of his quote in this film, he’d be jealous that he didn’t write it himself.
This suit is as jacked as Benjy Compson’s brain.
My name’s Hemingway and I challenge everyone here to a fistfight.
I salute your comment. It’s good and it’s true. Pass the rum.
Dumbest lawsuit ever
I also understand they plan file suit against anyone who mentions Faulkner in public or a book shop without paying a $35,000 “name referencing fee” to the estate. And they’re looking at suing all people listed in the phone directory with the name Faulkner, and possibly expanding it to all names beginning with the letter “F”.
This is crazy I love Faulkner he’s my literary hero why are they suing me? Well they’re not suing me they’re suing Sony but still this is crazy. It’s a Kafkaesque nightmare and I bet the Nazis are behind this. There’s no other rational explanation for this lawsuit. The Nazis somehow convinced the Faulkner estate to file this lawsuit as a way to hurt me. Damn Nazis.
Apparently the drinking goes on in the Faulkner universe. It’s actually a laudable pop culture plug for the man’s work, the best and largest its had since the estate’s heyday fifties and the early sixties leading up to Steve McQueen in “The Reivers” (1969.) They’re looking for publicity for the estate I guess. Strange way to do it.
I don’t know what surprises me, this lawsuit, or that Woody Allen finally had a film that made money for the first time in decades!
really? his passed 8 films have grossed 530 million on a budget of 150… do the math
midnight in paris 150 million
vicki cristina 96 million
match point 85 million
to rome with love 70 million
nice fact checking
even scoop at 40 million made money
and all that doesn’t even include dvd, bluray, vod, pay cable, etc…
Full of sound and fury, signifying nothing.
Wait a minute, maybe the Shakespeare estate should sue the Faulkner estate.
“The first thing we do, let’s kill all the lawyers,” Dick the Butcher in ‘Henry VI, Part II,’ act IV, Scene II, Line 73.
This is ridiculous. Fair Use is in play here. Not only that but “no reasonable person would ever believe that the fictitious character Owen Wilson plays ever met William Faulkner.” Case dismissed.
Sadly, 99.9% of the American public have no idea who Faulkner is.
But 99% know who Owen Wilson is. Having him mention Faulkner’s name in a film is worth gold. The Faulkner estate doesn’t understand that they already massively profited from the alleged infraction.
” He will overlook and fail to see chances, opportunities, for riches and fame and welldoing, and even sometimes for evil. But he won’t fail to see a chance to meddle.”
I think we all know who said that….
Even if it were a word-for-word quote and not a paraphrase, it’d still clearly fall under fair use. Especially since the script is inherently metafictional, a story about writers and the writing process.
Heck, to go with the obvious here, Faulkner is not an actual character in the story, so there’s no image being appropriated or transformed. Only one being *referenced to in passing.*
This reminds me of the time a few years ago someone threatened to sue me because my website is called “David Sobolov Voice Guy.” He claimed the right to the phrase “Voice Guy.” I looked up 12 other sites where another voice actor called himself Voice Guy and said… “When you shut down all these guys get back to me.” Of course I never heard from him again.
By creating an expiration date, Congress purposefully set a time limit for protecting artists works. The copyright here hasn’t expired, so the art us protected by law. Woody Alken knows this and reveres art enough to use it to enhance his movies, instead of paraphrasing. If Woody could have written something better he would have. He needs to pay the piper instead of stealing.
Please leave.
That is possibly the most uninformed comment I’ve ever seen on Deadline.
You are simply an idiot! If Woody Allen sued everyone that used one of his lines – in public domain (as was Faulkner’s line in question was uttered in a speech) – he would be the richest man on the face of the earth.
I wonder what Faulkner would say about his heirs turning out to be such money-grubbing assholes.
Not to mention being ultra-maroons! (Now watch – the estate of Mel Blanc will want to sure me…).
Beyond stupid and in the realm of the surreal. Sounds on par with suing for spilling hot coffee in your own lap. If the brief mention of Faulkner and the paraphrasing did anything at all, they got a few more people to look him up and maybe buy a book. The estate should be sending Sony flowers.
Oh, please don’t bring the hot coffee spill lawsuit into this. That wasn’t a frivolous lawsuit. It’s a myth perpetuated by pro-business tort reformers. You can find the real facts about the case via Google.
There is a call for all good men, intractable and unyielding and true, to rise rage-filled and rambunctious against those petty and small specters who grasp fickle-fingered at the ungraspable and elusive past, who long to hold what is not theirs, what cannot be theirs, to the fringed cloth of their breast, sweat-stained and clammy and yet still lit, inner-lit, with the heat of their own failing lights in hopes of….Oh, sorry, what’s that? It was a fully attributed quotation? Never mind.
How’s this for a reasonable verdict? The complainants get two cents in damages but have to pay Sony’s costs.
“Unless you’re ashamed of yourself now and then, you’re not honest.”
— William Faulkner
William Shakespeare’s estate should sue Faulkner’s estate for using the Sound and Fury. This is such a cheesy grab. I hope the judge goes off on them.